Malcolm Rivera
The US Constitution is an important document that outlines the powers and responsibilities of the government and protects the rights of its citizens. The preamble, which begins with the famous words We the People, sets the tone for the entire document by establishing the fundamental principles and aspirations that the Constitution aims to uphold. The Constitution grants legislative powers to Congress, which consists of the Senate and the House of Representatives, with representatives chosen by the people. It outlines the powers of Congress, including the ability to lay and collect taxes, regulate commerce, establish laws, and provide for the common defence and general welfare of the nation. The Constitution also defines the role of the President, who serves as the Commander-in-Chief of the armed forces and has the power to grant reprieves and pardons, as well as the power to make treaties with the advice and consent of the Senate. The document ensures a system of checks and balances, with the Senate possessing the power to try impeachments, including that of the President.
| Characteristics | Values |
|---|---|
| Legislative powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| House of Representatives | Composed of members chosen every second year by the people of the several states |
| Electors in each state | Qualifications requisite 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 seven years, and be an inhabitant of the state in which they are chosen |
| Powers of Congress | Lay and collect taxes, duties, imposts, and excises; borrow money; regulate commerce; establish uniform rules of naturalization and bankruptcy; coin money; punish counterfeiting; promote progress of science and useful arts; define and punish piracies and felonies on the high seas; declare war; make rules concerning captures on land and water |
| Powers of the President | Commander-in-Chief of the Army, Navy, and Militia; grant reprieves and pardons for offenses (except impeachment); make treaties with the advice and consent of the Senate; nominate with the advice and consent of the Senate |
| Powers of the Senate | Try impeachments; power of judgment in cases of impeachment |
| Oath of Office | "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States." |
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What You'll Learn
The preamble outlines the intentions of the framers
The preamble to the US Constitution is an introductory statement that outlines the intentions of the framers and the purpose of the document. It sets the stage for the Constitution, which is the highest law of the land. The preamble does not define government powers or individual rights, but it expresses the aspirations that "We the People" have for our government and our way of life as a nation.
The preamble of the US Constitution 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."
This 52-word paragraph was drafted in six weeks during the summer of 1787 in Philadelphia. It outlines five basic objectives that the framers agreed upon: establishing justice, ensuring domestic tranquility, providing for the common defence, promoting general welfare, and securing the blessings of liberty for the people and their posterity.
The preamble's reference to "We the People" signifies the sovereignty of the people and their consent to be governed by the Constitution. It establishes the principle that the government derives its power from the people and exists to serve their interests. This idea is further reinforced by the vesting clause, which states that "all legislative Powers herein granted shall be vested in a Congress of the United States." The Congress, composed of a Senate and a House of Representatives, is responsible for making laws and representing the people's interests.
The preamble, with its emphasis on justice, welfare, and liberty, sets the tone for the entire Constitution and serves as a reminder of the fundamental values that the nation strives to uphold. It guides the interpretation and application of the laws and powers outlined in the subsequent articles and amendments of the Constitution.
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Legislative powers are vested in Congress
The Constitution of the United States establishes a government of enumerated powers, meaning it can only exercise the powers granted to it. Legislative powers are vested in Congress, which consists of a Senate and a House of Representatives.
The House of Representatives is composed of members chosen every second year by the people of the states. Each state has at least one representative, and the number of representatives is based on the state's population, with a maximum of one representative for every thirty thousand people. Representatives must be at least twenty-five years old, have been citizens of the United States for at least seven years, and live in the state they represent.
The Senate has the sole power to try impeachments, and the House of Representatives has the sole power to impeach. The Senate can also make or alter regulations for holding elections for senators and representatives, except for the places of choosing senators.
Congress has the power to lay and collect taxes, duties, imposts, and excises to pay off debts and provide for the common defence and general welfare of the United States. These taxes must be uniform throughout the country. Congress can also regulate commerce with foreign nations, among the states, and with Indian tribes. Additionally, Congress can establish uniform rules for naturalization and bankruptcy laws.
Congress has the power to promote the progress of science and useful arts by securing exclusive rights for authors and inventors over their writings and discoveries for a limited time. It can also define and punish counterfeiting of US securities and current coin, as well as piracy and felonies committed on the high seas.
Congress can declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. It can also exercise exclusive legislation in the district that is the seat of the US government, as well as in places purchased for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.
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The President has the power to pardon offences
The President of the United States has the power to pardon offences. This power is derived from Article II, Section 2 of the Constitution, which grants the president broad but limited authority to “grant Reprieves and Pardons” for federal offences, except in cases of impeachment. The pardon power is intended as a tool for justice, mercy, and the public welfare.
The presidential pardon has historical roots in early English law and has been a part of the US legal system since the country's early days. From 1789 to 1853, the Secretary of State and the Attorney General shared the responsibility of assisting the President in exercising this power. Since then, the role of reviewing pardon applications has shifted between various departments, with the Attorney General currently holding this responsibility.
While the President has significant discretion in granting pardons, this power is not absolute and is subject to constitutional constraints. The Pardon Clause specifies that pardons are only applicable to "Offences against the United States," excluding state criminal offences and civil liability. Additionally, pardons cannot be used to preemptively immunize future criminal conduct or violate vested rights of third parties.
The Supreme Court has clarified that the pardon power does not place the President above the law. Self-pardons and self-protective pardons, which impede investigations or place the President beyond legal reach, are considered abuses of power and violations of constitutional principles.
The process of granting pardons involves the President and the Department of Justice, with the President making the final decision on clemency applications. While there is no guarantee of a decision within a specific administration, pending applications may extend to the next presidency if unresolved. The names of individuals denied executive clemency are disclosed by the Office of the Pardon Attorney, ensuring transparency and compliance with the Freedom of Information Act.
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The Senate tries impeachments
The United States Constitution grants the House of Representatives the "sole Power of Impeachment" (Article I, Section 2). The Senate, in turn, has the "sole Power to try all Impeachments" (Article I, Section 3). This means that the Senate serves as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official.
The impeachment process is a fundamental component of the constitutional system of "checks and balances." Through this process, Congress charges and tries officials of the federal government for "Treason, Bribery, or other high Crimes and Misdemeanors." The definition of "high Crimes and Misdemeanors" is not specified in the Constitution and has long been a subject of debate.
In impeachment proceedings, the House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. After the House sends its articles of impeachment to the Senate, senators consider evidence, hear witnesses, and vote to acquit or convict. A committee of representatives, called "managers," acts as prosecutors before the Senate.
The Constitution requires a two-thirds vote of the Senate to convict an official, and the penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified officials from holding public office in the future with a simple majority vote. There is no appeal process for impeachment convictions.
The impeachment process applies to the President, Vice President, and all civil officers of the United States. Federal judges and certain executive branch officials are also subject to impeachment. The House of Representatives may also impeach one of its own members, and the Senate may try that member after expulsion, as occurred with Senator William Blount in 1797.
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Congress can lay and collect taxes
The US Constitution grants Congress the power to "lay and collect taxes, duties, imposts and excises" as outlined in Article I, Section 8, also known as the Taxing and Spending Clause. This clause enables Congress to collect taxes from individuals and businesses to fund essential services and provide for the common defence and general welfare of the United States. This includes welfare aid, security, and military funding.
The power to tax is essential for any government to function effectively. Taxes provide the financial resources necessary for policing, national defence, and regulating commerce. Without this power, a government is limited in its ability to govern and is reliant on the willingness of its members to contribute financially. The US Constitution, therefore, grants Congress broad taxing powers, including the ability to collect income taxes under the Sixteenth Amendment.
The Taxing Clause of Article I, Section 8, is significant as it empowers Congress to act independently of the states in assessing, levying, and collecting taxes. This power extends beyond merely repaying Revolutionary War debts, but also allows for prospective financial planning. Alexander Hamilton and James Madison, representing different political parties, agreed on the importance of this clause during the ratification process.
While Congress has the authority to lay and collect taxes, there are limitations to this power. For example, all duties, imposts, and excises must be uniform throughout the United States. Additionally, states retain the right to impose and collect their own taxes, such as income taxes, sales taxes, and property taxes, as per their individual state tax statutes.
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Frequently asked questions
The Constitution states that "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." This means that the people of the United States have the power to establish the government and laws that will secure their rights and freedoms.
The Constitution grants Congress the power to lay and collect taxes, duties, imposts, and excises, as well as to regulate commerce with foreign nations and among the states. Congress also has the power to establish laws on naturalization and bankruptcy, coin money, and provide for the punishment of counterfeiting.
The President of the United States is the Commander-in-Chief of the Army, Navy, and Militia. They have the power to grant reprieves and pardons for offences (except in cases of impeachment), and to make treaties with the advice and consent of the Senate. The President also has the power to nominate individuals for positions with the advice and consent of the Senate.
