Malcolm Rivera
The Constitution of a country is a crucial document that outlines the fundamental principles, structures, and rules governing the nation. It serves as the framework for its legal system and political institutions. In the context of the United States Constitution, the requirements for various aspects are found within its articles, amendments, and clauses. The US Constitution, signed on September 17, 1787, and ratified on June 21, 1788, has since undergone 27 amendments, with the first ten being the Bill of Rights. The requirements within the Constitution are subject to interpretation and their understanding is influenced by court decisions, particularly those of the Supreme Court, which set precedents. The Constitution outlines requirements for the federal government's structure, powers, and limitations, as well as the rights and freedoms of citizens. It establishes the roles of the President, Congress, and the judiciary, detailing their respective duties, powers, and checks and balances.
| Characteristics | Values |
|---|---|
| Number of amendments | 27 |
| First 10 amendments | Bill of Rights |
| Date of signing | September 17, 1787 |
| Date of ratification | June 21, 1788 |
| Date of first 10 amendments ratification | December 15, 1791 |
| 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 |
| Commander-in-Chief | The President |
| Powers of the President | Granting reprieves and pardons for offenses against the United States (except in cases of impeachment), making treaties with the advice and consent of the Senate, and nominating individuals with the advice and consent of the Senate |
| 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 |
| Judicial review | The power of the Court to examine federal legislation, federal executive, and all state branches of government, to decide their constitutionality, and to strike them down if found unconstitutional |
| Child Labor Amendment | Would authorize Congress to limit, regulate and prohibit labor of persons less than eighteen years of age |
| Equal Rights Amendment | Would prohibit deprivation of equality of rights (discrimination) by federal or state governments on account of sex |
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What You'll Learn
Ratification requirements
The ratification requirements for the US Constitution are derived from Article V of the Constitution, which outlines two methods for proposing amendments. The first method requires a two-thirds majority vote in both the House of Representatives and the Senate, while the second method involves a constitutional convention called for by two-thirds of the state legislatures. The Congress then proposes an amendment in the form of a joint resolution, which does not require the signature or approval of the President.
Once an amendment is proposed, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist, who conveys it to the Director of the Federal Register. The Office of the Federal Register (OFR) examines the ratification documents for legal sufficiency and authenticity before acknowledging receipt and maintaining custody of them.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states). Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of Constitution. This certification process has become a ceremonial function attended by dignitaries, including the President on some occasions.
The ratification process for the Constitution itself, which occurred in the late 18th century, involved representatives from the 13 states convening in Philadelphia in 1787 to draft and propose a new form of government. The delegates determined that ratification by nine of the 13 states would be necessary for the implementation of the Constitution. The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The Constitution was subsequently ratified by Massachusetts, Maryland, South Carolina, and, finally, New Hampshire.
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Judicial review
The concept of judicial review was not new at the time of the Constitution's drafting. The Privy Council had employed a limited form of judicial review to assess colonial legislation and its validity under the colonial charters. During the debates at the Constitutional Convention, several of the Founding Fathers, including Alexander Hamilton, made references to the concept of judicial review and assumed the existence of court review of the constitutionality of legislation. Hamilton argued in the Federalist Papers that the interpretation of the laws is the proper and peculiar province of the courts.
In the years leading up to the Marbury v. Madison case in 1803, several other cases involving judicial review issues reached the Supreme Court. One notable example was Hayburn's Case in 1792, where federal circuit courts held an act of Congress unconstitutional for the first time. However, the issue of judicial review was definitively decided in Marbury v. Madison, where the Supreme Court established its power to strike down acts of Congress that were inconsistent with the Constitution. This case set a precedent for judicial review and affirmed the role of the judiciary in interpreting and upholding the Constitution.
Article III, Section I of the Constitution establishes the federal judiciary and states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This provision forms the basis for the federal judiciary's authority to engage in judicial review and ensure that the actions of the other branches of government are in accordance with the Constitution.
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The President's Oath
The Constitution prescribes the exact wording of the oath, which is as follows:
> "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."
The oath can be administered by the Chief Justice of the U.S. Supreme Court, as is usually the case, but this is not a requirement. The Constitution does not mandate that any particular person should administer the oath. For example, Lyndon B. Johnson was sworn in by Sarah T. Hughes, a U.S. District Judge in Texas, after the death of John F. Kennedy.
The President may choose to swear on a Bible, as George Washington did, or another book of their choice, such as a book of law, as John Quincy Adams used. Alternatively, they may choose not to use a book at all, like Teddy Roosevelt.
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Congress composition
Article I of the US Constitution outlines the design of the legislative branch of the US government, which is the Congress. It describes the separation of powers between the branches of government, the election of Senators and Representatives, the lawmaking process, and the powers that Congress has.
Article I, Section 2 of the Constitution provides for both the minimum and maximum sizes for the House of Representatives. The House represents citizens based on district populations, while the Senate represents citizens on an equal state basis. The House of Representatives is composed of members chosen every second year by the people of the several states, and the electors in each state must have the qualifications required for electors of the most numerous branch of the state legislature.
To be a Representative, one must have attained the age of 25 years, been a citizen of the United States for at least seven years, and be an inhabitant of the state they represent. Each House is the judge of the elections, returns, and qualifications of its members, and a majority of each constitutes a quorum to do business. However, a smaller number may adjourn from day to day and may be authorised to compel the attendance of absent members.
Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member. Each House shall keep a journal of its proceedings and publish the same, excepting such parts as may require secrecy.
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House rules
Composition and Representation
Article 1, Section 2 of the Constitution sets the minimum and maximum sizes for the House of Representatives, currently fixed at 435 voting representatives. The number of representatives per state is proportional to the population, with each representative serving a specific congressional district. In addition to the 50 states, there are five delegates representing Washington D.C., the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. A resident commissioner represents Puerto Rico. While these delegates possess the same powers as other members, they cannot vote when the House meets as the House of Representatives. To be elected as a representative, one must be at least 25 years old, a US citizen for at least seven years, and an inhabitant of the state they represent.
Legislative Functions and Procedures
The House of Representatives, along with the Senate, is responsible for making and passing federal laws. Representatives introduce bills and resolutions, offer amendments, and serve on committees. Each House determines the rules of its proceedings and may punish or expel members for disorderly behaviour with a two-thirds concurrence. A quorum, or the minimum number of members required to be present to conduct business, is also established for each House.
Committee Structure and Functions
The House has various standing committees with legislative jurisdictions. These committees consider bills and issues within their purview and recommend measures for consideration by the full House. They also have oversight responsibilities to monitor agencies, programs, and activities within their jurisdictions. The Committee of the Whole House, which includes all representatives, meets in the House Chamber to consider measures from the Union calendar. The makeup of committees, including the proportion of Republicans to Democrats, is decided by party leaders.
Coordination with the Senate and the President
The House of Representatives works in conjunction with the Senate on certain matters. Every order, resolution, or vote requiring the concurrence of both Houses must be presented to the President for approval. If disapproved by the President, it can still take effect if repassed by two-thirds of both the Senate and the House of Representatives.
Other Constitutional Powers and Duties
Beyond lawmaking, the Constitution outlines additional powers and duties of the House. These include the power to establish uniform rules for naturalization and bankruptcy laws, coin money and regulate its value, provide for the punishment of counterfeiting, promote progress in science and the arts by securing exclusive rights to authors and inventors, define and punish felonies committed on the high seas, declare war, raise and support armies, and make laws necessary for carrying into execution the foregoing powers.
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Frequently asked questions
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States. Before entering office, the President must take the following oath: "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."
For a state to join the Union, 36 states must ratify its admission.
The US Constitution outlines that all legislative powers are vested in a Congress of the United States, which consists of a Senate and House of Representatives. A majority of each must be present to do business.
