Omar Bennett
The Constitution of the United States is the highest law of the land. Its preamble sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. The Constitution establishes a federal system with legislative powers vested in a Congress of the United States, consisting of a Senate and House of Representatives. It outlines the role of the President as Commander-in-Chief and grants certain powers, such as the ability to grant reprieves and pardons for offences against the United States. The Constitution also defines eligibility requirements for the Presidency, including age and residency. It further establishes the role of the Supreme Court and outlines the basic framework of the federal government.
| Characteristics | Values |
|---|---|
| Purpose | 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 |
| Powers | Legislative powers are vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| Elections | Members of the House of Representatives are chosen every second year by the people of the several states |
| Eligibility | Electors must have the qualifications requisite for electors of the most numerous branch of the state legislature |
| Representatives | No person shall be a representative who has not attained the age of 25 years, been a citizen of the United States for seven years, and is an inhabitant of the state in which they are chosen |
| Executive Power | Executive power is vested in a President of the United States of America, who holds office for a term of four years and is elected along with the Vice President |
| Eligibility for President | Only a natural-born citizen of the United States who has attained the age of 35 years and been a resident of the United States for 14 years is eligible for the office of President |
| Oath of Office | The President shall take an oath to preserve, protect, and defend the Constitution of the United States |
| Commander-in-Chief | The President shall be Commander-in-Chief of the Army and Navy of the United States and of the Militia of the several states when called into actual service |
| Powers of the President | The President has the power to grant reprieves and pardons for offences against the United States (except in cases of impeachment), and to make treaties with the advice and consent of the Senate |
| Appointments | The President appoints ambassadors, public ministers, consuls, judges of the Supreme Court, and other officers of the United States with the advice and consent of the Senate |
| Vacancies | The President has the power to fill vacancies during the recess of the Senate by granting commissions that expire at the end of the next Senate session |
| Judicial Power | Judicial power is vested in the Supreme Court of the United States, which has the power of constitutional interpretation and review |
| Amendments | Amendments to the Constitution must be ratified by three-fourths of the state legislatures within seven years to become valid |
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What You'll Learn
The President's role
The President of the United States has a wide range of roles and responsibilities, both national and international. The President is the Commander-in-Chief of the US Armed Forces and all federal US Militias, and as such, has the power to launch, direct and supervise military operations, authorize the deployment of troops, and launch nuclear weapons. The President can also form military policy with the Department of Defence and Homeland Security.
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Legislative powers
Article I of the U.S. Constitution establishes the legislative branch of the federal government, also known as the United States Congress. Congress consists of a Senate and a House of Representatives, with all legislative powers vested in this body.
The House of Representatives is made up of members chosen every second year by the people of the various states. Each state's electors must meet the qualifications required for electors of the most numerous branch of the state legislature. Representatives must be at least 25 years old, have been citizens of the United States for at least seven years, and be inhabitants of the state they are chosen to represent.
The Senate is composed of two Senators from each state, chosen by the legislature thereof for six-year terms. Senators must be at least 30 years old, have been citizens of the United States for at least nine years, and be inhabitants of the state they are chosen to represent. The Vice President of the United States serves as President of the Senate and may cast a vote in the event of a tie.
The House of Representatives elects a Speaker and other officers and has the sole power of impeachment. The Senate chooses its officers and a President pro tempore, who presides in the absence of the Vice President. The Senate also has the sole power to try all impeachments and to confirm the President's appointments that require consent.
Congress has the sole authority to enact legislation and declare war, confirm or reject Presidential appointments, and exercise investigative powers. It also has the power to establish an annual budget, levy taxes and tariffs, authorise borrowing, and mandate spending on specific items.
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The House of Representatives
The House has several powers exclusive to it, including the power to initiate revenue bills, elect the President in the case of an electoral college tie, and impeach federal officials. The House also has the power to override a presidential veto by a two-thirds vote.
Article I, Section 1 of the Constitution, known as the Vesting Clause, embodies strategies for limiting Congress's power. It conditions legislation on the agreement of the two differently constituted chambers, with the House of Representatives expected to be more responsive to the people due to smaller districts and shorter terms.
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The Supreme Court
One of the key roles of the Supreme Court is to ensure that the laws and actions of the government are in accordance with the Constitution. This includes interpreting the Constitution's provisions and determining the constitutionality of laws and executive actions. The Court has the power of judicial review, which means it can declare a law or action unconstitutional if it violates the Constitution.
In interpreting the Constitution, the Supreme Court justices consider the document's original meaning and intent, as well as its application to modern times. This involves a delicate balance between respecting the founding principles and adapting to changing social and cultural norms. For example, the Court has played a significant role in ending racial segregation and promoting equal protection under the law, as reflected in Justice Thomas's explanation of the Constitution's abhorrence of classifications based on race.
In conclusion, the Supreme Court is a vital institution established by the US Constitution to uphold and interpret the nation's founding document. Through its decisions and interpretations, the Court shapes the application of constitutional principles in modern times, ensuring that the government remains accountable to the people and that the rights and freedoms guaranteed by the Constitution are protected.
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Citizenship
> "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
This clause was added to the Constitution on July 9, 1868, and it marked an important shift in American identity. Prior to the Fourteenth Amendment, the Constitution did not provide a clear and comprehensive definition or rule for citizenship. This allowed states to set their own ground rules, with many reserving state citizenship for whites only. The Fourteenth Amendment established a simple national rule for citizenship, stating that if you are born in America, you are a US citizen. This amendment also granted a set of fundamental "privileges or immunities" to American citizens, protecting their rights.
The concept of citizenship in the US Constitution also includes the assumption of state citizenship. Article III of the Constitution, which deals with the judiciary, gives federal courts jurisdiction over controversies between citizens of different states, thus recognizing state citizenship. Additionally, Article II provides that only a natural-born citizen of the United States or a citizen at the time of the Constitution's adoption can become President, acknowledging national citizenship.
It is important to note that the Citizenship Clause does not extend citizenship universally to everyone born in the United States. There are exceptions, such as children of diplomatic representatives, children of alien enemies in hostile occupation, and children of members of Indian tribes subject to tribal laws. Additionally, the citizenship of children born on vessels in US territorial waters or on the high seas is generally determined by the citizenship of their parents.
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Frequently asked questions
The preamble of the US Constitution is an introduction to the Constitution, communicating the intentions and purpose of the document. 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.
The President of the United States holds executive power and is Commander-in-Chief of the Army, Navy, and Militia of the several States. They have the power to grant reprieves and pardons for offences against the United States (except in cases of impeachment), and to make treaties with the advice and consent of the Senate. The President also appoints Ambassadors, public Ministers, Consuls, and Supreme Court Judges.
To be eligible for the Office of the President, a person must be a natural-born Citizen of the United States and be at least 35 years old. They must have also been a resident of the United States for at least 14 years.
The President of the United States must take the following oath or affirmation before assuming 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.
