The Constitution's Key Provisions:

The Constitution of the United States is the supreme law of the land, superseding the Articles of Confederation in 1789. It is comprised of a preamble, seven articles, and 27 amendments, with the first 10 known as the Bill of Rights. The preamble, drafted in 1787, sets the stage for the Constitution, outlining the intentions of its framers and the purpose of the document. The Constitution establishes the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. It also includes provisions for the impeachment of officials by the House and trial by the Senate. The Constitution guarantees certain rights, such as the right to vote, and limits state power, ensuring citizens' privileges and immunities are protected. It forms the basis for the rule of law, with federal judges interpreting and applying laws fairly.

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Separation of powers

The separation of powers is a political doctrine that divides the government into three branches: the legislative, the executive, and the judiciary. Each branch has separate and independent powers and functions, and no individual or group can serve in more than one branch simultaneously. This system is designed to prevent any one branch from having too much power and to protect individual liberty.

The legislative branch, consisting of the Senate and the House of Representatives, is responsible for creating laws. The executive branch, led by the President, is responsible for executing and enforcing those laws. The judicial branch, made up of the Supreme Court and inferior courts, has the power to interpret and apply those laws.

The separation of powers doctrine is not rigid and allows for some interdependence and sharing of power among the branches. For example, the President has the power to veto legislation passed by Congress, but Congress can override the veto with a two-thirds majority vote in both houses. The President also requires the Senate's consent to appoint executive officers and judges or enter into treaties.

The Framers of the Constitution incorporated checks and balances into the system to prevent one branch from aggrandizing its power. For instance, Congress can restrain executive officials through legislation, and the impeachment power gives Congress the authority to address corruption and abuse of power in the other branches. The courts are also assured independence through good-behaviour tenure and security of compensation, and they can check the other branches through judicial review.

While the separation of powers is a key principle of the US Constitution, it has been challenged over time. Some scholars argue that the rise of the federal regulatory bureaucracy has eroded the separation of powers, with each branch wrongfully relinquishing authority to the regulatory state. Additionally, some states in the 18th century did not observe a strict separation of powers, with members of the executive branch serving in the judiciary and vice versa.

Voting rights

The Elections Clause gives Congress and the federal government the power to determine the "Times, Places, and Manner" of congressional elections, and the Constitution requires all states to have a representative form of government with elections and majority rule. However, the ability to preempt state regulations does not extend specifically to voting qualifications, and in the early years, states were left with the power to decide who qualified to vote, leading to considerable variation. While most states initially restricted voting to property-owning or tax-paying white men, some states, like New Jersey, allowed free Black men and women of both races to vote if they met property or tax requirements. Wyoming granted women the right to vote in 1869, long before this was achieved nationally.

A series of constitutional amendments added protections to the right to vote, including:

• The 14th Amendment, which extends citizenship to all natural-born or naturalized Americans, guaranteeing that voting rights cannot be restricted by the states.
• The 15th Amendment, which prohibits restricting the right to vote due to race.
• The 17th Amendment, which requires states to elect senators by popular vote.
• The 19th Amendment, which extends voting rights to all women.
• The 24th Amendment, which bans poll taxes, which often prevented low-income citizens from voting.
• The 26th Amendment, which gives everyone aged 18 and older the right to vote.

These amendments give Congress and the federal government the power to enforce the right to vote through legislation. Federal laws such as the Voting Rights Act of 1965 have further secured voting rights for adult citizens of all races and genders, prohibiting voter discrimination based on race, colour, or membership in a language minority group. The Voting Accessibility for the Elderly and Handicapped Act of 1984 required polling places to be accessible to people with disabilities, and the National Voter Registration Act (NVRA) of 1993 created new ways to register to vote.

Despite these protections, the struggle for voting rights continues, particularly for minority groups. The Supreme Court's 2013 decision to strike down a key provision of the Voting Rights Act involving federal oversight of voting rules in certain states with a history of voter discrimination has weakened voting rights protections.

Citizenship

The Citizenship Clause, or the first sentence of the Fourteenth Amendment to the United States Constitution, was adopted on July 9, 1868. It states: "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 intended to reverse the Dred Scott v. Sandford decision, which declared that African Americans were not and could not become citizens of the United States.

The Fourteenth Amendment's Citizenship Clause grants Congress the power to address private actions that undermine its command of equal citizenship. While the clause does not explicitly mention "equality," it implies it by declaring those "born" on American soil free and equal citizens. This interpretation is reinforced by the text of the Civil Rights Act of 1866, which spoke of "full and equal" civil rights for all citizens.

The Citizenship Clause also offers a way around the "state action doctrine," a challenge of modern constitutional law. Under this doctrine, the Fourteenth Amendment's protections, such as equal protection of the laws, privileges or immunities of U.S. citizenship, and due process of law, apply only to the actions of state governments, not those of private actors. However, the Citizenship Clause's text is not expressly limited to the relationship between citizens and governments.

The Fourteenth Amendment's Citizenship Clause established the principle of birthright citizenship, meaning that a person born in the U.S. is automatically a citizen. This clause did not apply to Native Americans, who were not legally declared U.S. citizens until the Indian Citizenship Act of 1924. It's important to note that the Citizenship Clause does not extend citizenship universally to everyone born within the United States. There are exceptions, such as children of diplomatic representatives of foreign states or children born to alien enemies in hostile occupation. Additionally, the citizenship of children born on vessels in United States territorial waters or on the high seas is generally determined by the citizenship of their parents.

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Executive power

The executive power of the US Constitution is vested in the President of the United States of America, who is elected to office for a term of four years, along with the Vice President, who is chosen for the same term. The President is the Commander-in-Chief of the Army, Navy, and Militia of the United States. The President has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.

The President is responsible for ensuring the faithful execution of laws and has the authority to approve or veto legislation. They may require the written opinion of the principal officer in each of the executive departments and can fill vacancies during the recess of the Senate by granting commissions, which expire at the end of the next Senate session. The President also commissions all officers of the United States and has the power to convene or adjourn Congress, as well as recommend legislative measures.

The President's executive powers have been defended in some cases, such as by the Solicitor General, who argued that the President had the authority to enforce the laws and act as Commander-in-Chief. However, this argument was rejected by the Court in a specific instance of seizure, where Congress had expressly denied the President's claimed power.

The President's role in executing the laws has been a subject of debate, with some arguing that it may be carried out only by persons appointed pursuant to the Appointments Clause, restricting delegations to state and local officers. Nonetheless, the Court has recognised that officials appointed by the President, even within the Executive Branch, may exercise quasi-legislative or quasi-judicial powers.

Impeachment

The Constitution of the United States is the supreme law of the land. It embodies the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judiciary.

The Constitution gives Congress the authority to impeach and remove the President, Vice President, and all civil officers of the United States. The legislative branch, consisting of the bicameral Congress, has the sole power of impeachment, which is granted to the House of Representatives. The House of Representatives can impeach a party with a simple majority of the House members present. This triggers a federal impeachment trial in the United States Senate, which is the upper chamber of the legislative branch. The Senate can vote by a two-thirds majority to convict an official, removing them from office. The Senate can also, with just a simple-majority vote, bar an individual convicted in a Senate impeachment trial from holding federal public office in the future.

The Constitution limits the grounds of impeachment to "treason, bribery, or other high crimes and misdemeanors". However, it does not define "high crimes and misdemeanors", and this has long been the subject of debate. The type of behaviour that qualifies as impeachable conduct is determined by competing political interests, changing institutional relationships among the three branches of government, and legislators' interactions with the public.

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