Eleanor Finch
The Constitution of the United States is a document that outlines the structure and operation of the federal government. It is divided into several sections, including a preamble and seven articles, each covering different topics. The preamble, while not officially part of the Constitution, sets out the purpose of the document and emphasizes the power of the government as originating from the people. Each of the seven articles is further divided into sections and covers specific aspects of the government's structure and functions, including the legislative, executive, and judicial branches, as well as the relationship between the federal government and the states. The Constitution also establishes itself as the supreme law of the land and outlines processes for amending and ratifying it.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Topics covered by the Articles | Legislative branch of government, executive branch of government, judicial branch of government, relationship between the states, procedure for amending the Constitution, federal law as supreme law, ratification process |
| Separation of Powers | Legislative, Executive, Judicial |
| Legislative Branch | Bicameral Congress, comprising the House of Representatives and the Senate |
| Executive Branch | Office of the President |
| Judicial Branch | Supreme Court and other federal courts |
| Amendment Process | Two-thirds of the Senate and two-thirds of the House of Representatives must vote to change the Constitution, followed by a vote in the state legislatures |
| Ratification Process | Ratification by nine of the thirteen states, or a two-thirds majority |
| Federal Courts | Established in every state, with lower federal courts such as trial courts and specialty courts |
| Federal Judges | Appointed for life, with protection against pay cuts |
| Preamble | Introduction emphasizing "We the People" and outlining the purpose of the Constitution |
Explore related products
$71.8 $72
![Constitutional Law: [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/61R-n2y0Q8L._AC_UY218_.jpg)
What You'll Learn
The Constitution's seven articles
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution was originally intended as a revision of the Articles of Confederation but instead introduced a completely new form of government. The Constitution is divided into seven articles on different topics, each further divided into sections.
Article I deals with the legislative branch of the government, assigning the responsibility for making laws to Congress. Congress is divided into two parts, or "houses": the House of Representatives and the Senate.
Article II concerns the executive branch of the government, including the office, qualifications, and duties of the President of the United States, along with subordinate officers.
Article III establishes the judicial branch of the government, with the Supreme Court as the highest judicial power in the United States. It describes the kinds of cases the court takes as original jurisdiction, and Congress's ability to create lower courts and an appeals process. It also outlines the right to a trial by jury in all criminal cases and defines the crime of treason.
Article IV defines the relationship between the states and the Federal Government, outlining the rights and responsibilities of state governments.
Article V describes the procedure for amending the Constitution, which is different and more difficult than the process for making laws. It also outlines the shared process of constitutional amendment between the Federal Government and the states.
Article VI declares the Constitution as "the supreme Law of the Land," stating that Federal law is supreme over state and local laws.
Article VII describes the ratification process for the Constitution, which called for special state ratifying conventions. Nine states were required to enact the Constitution, with two-thirds majority, and it was officially ratified on June 21, 1788.
The Constitution's Ratification: A Struggle for Unity
You may want to see also
Legislative branch
The US Constitution is a document that outlines the structure and function of the country's government. It is divided into seven articles, each covering different topics.
Article I of the US Constitution establishes the legislative branch of the government, also known as Congress. Congress consists of two parts, or "houses": the House of Representatives and the Senate.
The House of Representatives is made up of 435 elected members, with each state receiving a number of representatives roughly proportional to its population. Additionally, there are six non-voting members, representing Washington, D.C., Puerto Rico, and four other US territories. The presiding officer of the chamber is the Speaker of the House, who is elected by the Representatives.
The Senate, on the other hand, has unlimited debate on most bills, allowing Senators to speak to issues beyond the bill under consideration. Senators can use this opportunity to filibuster a bill, delaying a vote. However, a supermajority of 60 Senators can invoke cloture to end the debate and force a vote.
Both houses of Congress have extensive investigative powers and can compel the production of evidence or testimony. They are responsible for making laws and have the sole authority to enact legislation and declare war. Congress also has the power to confirm or reject Presidential appointments, such as heads of federal agencies and high court appointees.
In addition to these duties, Congress plays a crucial role in the federal budget process. It levies taxes and tariffs to fund essential government services, and it may authorize borrowing if additional funds are needed. Congress can also mandate specific spending through "earmarks," directing funds toward particular projects.
Congress has the power to assemble at least once a year and can make or alter regulations for holding elections for Senators and Representatives. Each house determines the rules of its proceedings and can punish its members for disorderly behavior, even expelling a member with a two-thirds concurrence.
The legislative branch, as established by Article I, forms an integral part of the system of checks and balances within the US government. It serves as a counterbalance to the executive and judicial branches, with the power to override a Presidential veto by a two-thirds vote in both houses.
Enlightenment's Legacy: US Constitution's Ideals
You may want to see also
Executive branch
The US Constitution is a formal document that outlines the structure and function of the government. It is divided into seven articles, each covering different topics. Article II of the US Constitution establishes the Executive Branch of the federal government.
Article II of the Constitution outlines the office, qualifications, and duties of the President of the United States. The President is the head of state and government and the Commander-in-Chief of the armed forces. The Executive Vesting Clause in Section 1, Clause 1 of Article II states that the federal executive power is vested in the President of the United States of America. This means that the President has the authority to enforce laws and appoint agents to carry out this enforcement. The President is responsible for the execution and enforcement of laws created by Congress.
The President has the power to issue executive orders, which direct executive officers or clarify and help implement existing laws. They can also grant pardons and clemencies for federal crimes, except in cases of impeachment. The President has the authority to negotiate and sign treaties, which must be ratified by two-thirds of the Senate. They also appoint the heads of federal commissions, federal judges, ambassadors, and other federal officials.
The Executive Branch also includes the Vice President, who serves as the President of the Senate and casts the deciding vote in the case of a tie. The duties of the Vice President are at the discretion of the President, and they may take on a specific policy portfolio or serve as a top adviser.
The Executive Branch employs more than 4 million Americans, including members of the armed forces. Fifteen executive departments, each led by an appointed member of the President's Cabinet, carry out the day-to-day administration of the federal government. They are supported by other executive agencies such as the CIA and the Environmental Protection Agency, whose leaders are under the full authority of the President.
Interpreting the Constitution: Executive and Judicial Powers
You may want to see also
Explore related products
$77 $77
Judicial branch
The US Constitution is a document that establishes a framework for the country's government. It is divided into several sections, each of which addresses a specific aspect of governance. One of the key aspects outlined in the Constitution is the organisation of the three branches of government, including the judicial branch.
Article III of the US Constitution establishes the federal judiciary, which is the judicial branch of government. This branch is comprised of the Supreme Court and other federal courts. The Supreme Court is the highest judicial power in the United States and is responsible for interpreting the law and ensuring that each branch of government recognises the limits of its power.
The judicial branch has the power to hear cases in law and equity that arise under the Constitution, laws of the United States, and treaties made under their authority. This includes cases involving ambassadors, public ministers, and consuls, as well as cases of admiralty and maritime jurisdiction. The judicial branch also handles controversies involving the US government, between states, or between citizens of different states.
The Constitution outlines the US judicial system, with Congress filling in the details through acts such as the Judiciary Act of 1789, which established a Supreme Court with six justices and a lower federal court system. The number of seats on the Supreme Court has varied over the years, but today there is one Chief Justice and eight Associate Justices. These justices are appointed by the President and confirmed by the Senate, typically holding office for life.
The Supreme Court plays a crucial role in the constitutional system of government. It serves as the court of last resort for those seeking justice and protects civil rights and liberties by striking down laws that violate the Constitution. The Court's power of judicial review allows it to declare acts of the Legislative or Executive branches unconstitutional, ensuring that the government operates within the framework established by the Constitution.
Firing Squad Executions: Are They Constitutional?
You may want to see also
Amendment and ratification processes
The US Constitution is a document that establishes the framework of the federal government and outlines the rights and responsibilities of its citizens. It is divided into several sections, each addressing specific aspects of governance and the organisation of power.
The US Constitution provides a detailed framework for amending and ratifying its provisions, ensuring a stable and orderly process for implementing changes. This framework is outlined in Article V of the Constitution, which describes the procedures for proposing and ratifying amendments.
Amendments can be proposed in two ways: firstly, by a two-thirds majority vote in both the House of Representatives and the Senate (Congress); or secondly, by a constitutional convention called for by two-thirds of the state legislatures. Once an amendment is proposed, it is sent to the states for ratification.
The ratification process involves state legislatures or state conventions, depending on the mode specified by Congress. An amendment must be ratified by three-fourths (38 out of 50) of the state legislatures or state conventions to become part of the Constitution. This process ensures that any changes to the Constitution reflect the will of a significant majority of the country.
The Archivist of the United States plays a crucial role in the amendment process, administering the ratification process and certifying the validity of amendments. The National Archives and Records Administration (NARA) and its Office of the Federal Register (OFR) are responsible for processing and publishing proposed amendments, as well as maintaining records and documents related to the ratification process.
While the Constitution does not specify a time limit for ratification, the Supreme Court has affirmed Congress's power to set a "reasonable" timeframe. This ensures that the amendment process reflects the current will of the people and allows for the timely implementation of necessary changes.
The amendment and ratification processes outlined in the US Constitution provide a robust mechanism for adapting the nation's governing document to changing circumstances while preserving stability and consensus.
Missouri's Constitution: Rewritten and Revised Many Times Over
You may want to see also
Frequently asked questions
The US Constitution is organized into seven articles, each further divided into sections.
The first three articles establish the three branches of government and their powers: legislative, executive, and judicial. The next three articles describe the relationship of the states to the federal government and establish the Constitution as the supreme law of the land. The seventh article describes the amendment and ratification processes.
The Preamble is the introduction to the Constitution. It emphasizes that the nation is to be ruled by the people and outlines the general goals of the framers: to create a just government, ensure peace, provide for the common defense, promote the general welfare, and secure liberty.
