Jonah Patel
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 It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.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 is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).
| Characteristics | Values |
|---|---|
| Number of amendments | 27 |
| Classification | "Rigid" |
| Powers of the government | Limited |
| Powers of the President | Can refuse assent to a bill presented by Congress |
| Election of the President | By votes taken by states; the person with the greatest number of votes becomes Vice President |
| Eligibility for the Office of President | Natural-born Citizen or Citizen at the time of the Constitution's adoption; at least 35 years old |
| Powers of the states | Cannot lay imposts or duties on imports or exports without the consent of Congress |
| Executive Power | Vested in the President of the United States of America |
| Oath of Office for the President | "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 US Constitution is the supreme law of the land
The US Constitution is the cornerstone of the country's legal system and the highest form of law in the United States. It is the supreme law of the land, and all other laws and treaties made under the authority of the United States are subject to its rules. The Constitution's supremacy is enshrined in what is known as the Supremacy Clause, which states:
> "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
The Supremacy Clause ensures that the Constitution takes precedence over any conflicting state laws or constitutions. This means that federal laws and treaties made under the authority of the Constitution are the supreme law of the land and take precedence over any state laws or constitutions. This clause was introduced as part of the New Jersey Plan during the debates on the Constitution in 1787 and passed unanimously.
The US Constitution is made up of seven articles, which were signed on September 17, 1787, and ratified on June 21, 1788. There have been 27 amendments to the Constitution since its ratification, beginning with the Bill of Rights, which consists of the first 10 amendments and was ratified on December 15, 1791. The Constitution outlines the structure and powers of the federal government, including the executive, legislative, and judicial branches, and establishes fundamental rights and freedoms for US citizens.
The President of the United States plays a crucial role in upholding the Constitution. Before assuming office, the President takes an oath to "preserve, protect and defend the Constitution of the United States." The President is the Commander-in-Chief of the US military and has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. The President's role in relation to the Constitution demonstrates the document's importance as the supreme law of the land.
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It consists of a preamble, seven articles, and 27 amendments
The US Constitution is made up of a preamble, seven articles, and 27 amendments. The seven articles form the structural constitution, which was signed on September 17, 1787, and ratified on June 21, 1788. The preamble introduces the articles and amendments that follow, beginning with the famous first 52 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, do ordain and establish this Constitution for the United States of America."
The first three articles of the Constitution outline the structure and powers of the federal government. Article I establishes the legislative branch, vesting all legislative powers in a Congress consisting of a Senate and a House of Representatives. It outlines the qualifications and responsibilities of legislators, as well as the processes for passing laws and impeachment.
Article II focuses on the executive branch, vesting the executive power in the President of the United States. It outlines the President's role as Commander-in-Chief, their power to grant reprieves and pardons, and the process for their election, along with that of the Vice President. It also includes the Oath of Office, which each President must take before assuming their duties.
Article III establishes the judicial branch, outlining the structure and jurisdiction of the federal court system. It also addresses treason, defining it and establishing the standard of proof and punishment for such crimes.
The remaining articles (IV to VII) cover a range of topics, including the relationship between states, the admission of new states, the supremacy of the Constitution, and the process for its ratification.
The Constitution has been amended 27 times since its ratification. The first ten amendments, collectively known as the Bill of Rights, were ratified on December 15, 1791, and include fundamental freedoms and protections for citizens, such as freedom of speech, the right to bear arms, protection from unreasonable searches and seizures, and the right to a speedy trial. Subsequent amendments have addressed a wide range of issues, including income tax, the election of senators and president, prohibition, women's suffrage, presidential term limits, voting age, and congressional compensation.
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The first three articles embody the separation of powers
The US Constitution, signed on September 17, 1787, and ratified on June 21, 1788, has been amended 27 times since the Bill of Rights was adopted in 1791. The first three articles of the Constitution embody the separation of powers, a concept that is considered one of the most well-known legal and political doctrines in constitutional law.
The Framers of the Constitution, influenced by political theorist Baron Charles de Montesquieu, who wrote about the separation of powers almost 100 years earlier, divided the federal government's powers between three separate branches: legislative, executive, and judicial. This structure aimed to prevent tyranny by a single branch, foster effective governance, and protect the liberties of US citizens.
Article I of the Constitution places Congress, consisting of the Senate and House of Representatives, in charge of all lawmaking in the United States. It establishes the legislative branch's power to make laws, which must be presented to the President for signature or veto before becoming law. This article outlines the legislative vesting clause, delineating the powers granted to the legislative branch.
Article II focuses on the executive branch, vesting power in the President of the United States, who is the Commander-in-Chief of the armed forces and has the authority to grant reprieves and pardons for offences against the nation. This article also addresses the process of electing the President and Vice President, outlining the requirements for eligibility and the role of Electors in the selection process.
Article III pertains to the judicial branch, stating that the "judicial Power shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This article underscores the independence of the judiciary, with judges and juries empowered to interpret and apply laws without influence from the President or Congress.
In summary, the first three articles of the US Constitution embody the separation of powers by establishing the legislative, executive, and judicial branches of government, outlining their distinct roles and responsibilities, and providing a system of checks and balances to ensure effective governance and protect the liberties of citizens.
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The first 10 amendments are the Bill of Rights
The first 10 amendments to the US Constitution make up the Bill of Rights. James Madison wrote the amendments, which were ratified on 15 December 1791, to limit government power and protect individual liberties.
The First Amendment prohibits Congress from making laws that establish a religion or restrict the freedom of speech, the press, peaceable assembly, and petition. The Second Amendment affirms the right of the people to keep and bear arms. The Third Amendment prohibits the quartering of soldiers in civilian homes without consent. The Fourth Amendment protects citizens from unreasonable government intrusion into their homes without a warrant. The Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, protection against self-incrimination, and the right to due process. The Sixth Amendment provides additional protections for people accused of crimes, including the right to a speedy and public trial, an impartial jury, and the right to legal counsel. The Seventh Amendment extends the right to a jury trial in Federal civil cases. The Eighth Amendment prohibits excessive bail and fines and cruel and unusual punishment.
The Ninth Amendment states that the listing of specific rights in the Constitution does not mean that people do not retain other rights not enumerated. The Tenth Amendment affirms that the Federal Government only has the powers delegated to it by the Constitution.
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The preamble communicates the intentions of the framers
The Preamble to the United States Constitution is a concise statement of the Constitution's fundamental goals and guiding principles. It is an introduction to the Constitution, setting the tone for the document as a whole. The Preamble was drafted in six weeks during the summer of 1787 in Philadelphia and consists of 52 words. It begins with the words "We the People", declaring that the Constitution is enacted by the people of the United States and that it is the collective enactment of all US citizens. This phrasing was chosen by the Committee of Style, as it was unclear how many states would ratify the Constitution.
The Preamble outlines the intentions of the Framers and the purpose of the document. It communicates the Framers' desire to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty for themselves and their posterity. These are the core objectives that the Framers aimed to achieve through the creation of the Constitution.
Courts have referred to the Preamble as evidence of the Founding Fathers' intentions and what they hoped the Constitution would achieve. It provides insight into the history, intent, and meaning of the Constitution as understood by its authors. The Preamble is useful in interpreting the "spirit" of the Constitution and has been termed the "Enacting Clause", as it declares the fact of the Constitution's adoption.
While the Preamble does not assign powers to the federal government or limit its actions, it is still legally significant. It is not merely a rhetorical flourish but a declaration of the enactment of the provisions that follow. The Preamble has been used in court cases, such as Ellis v. City of Grand Rapids, where the court pointed to the reference to "promoting the general welfare" in the Preamble as evidence of the importance of healthcare to the Founding Fathers.
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Frequently asked questions
The US Constitution 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 US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
There are two steps in the amendment process. First, a proposal for an amendment must be adopted by either two-thirds of both houses of Congress or a national convention requested by two-thirds of state legislatures. Second, the proposed amendment must be ratified by three-fourths of the states (38 out of 50).
