Eleanor Finch
The Constitution of the United States is the highest law of the land, and its preamble sets the stage for the document's purpose and intentions. The preamble outlines the basic principles agreed upon by the framers, including establishing justice, domestic tranquility, and general welfare. The Constitution consists of seven articles that describe the structure and operation of the three branches of the US government: the Legislative, Executive, and Judicial branches. It establishes a system of checks and balances to prevent any one branch from becoming dominant. The Constitution also outlines the relationship between the states and the Federal Government, with Federal law taking precedence over state and local laws. It includes provisions for declaring war, raising armies, and defining and punishing offences. Amendments to the Constitution can be made through a process involving votes by two-thirds of both the Senate and the House of Representatives, or by two-thirds of state legislatures submitting an application to Congress. The President of the United States takes an oath to preserve, protect, and defend the Constitution.
| 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 (Congress), Executive (Office of the President), and Judicial (Federal Court System) |
| System of checks and balances | Yes |
| Amendment process | When two-thirds of the Senate and two-thirds of the House of Representatives vote to change the Constitution, an amendment goes to the state legislatures for a vote. Alternatively, two-thirds of the state legislatures can submit an application to Congress, and then Congress calls a national convention at which states propose amendments. Three-fourths of the state legislatures or state conventions must vote in favor of an amendment to ratify it. |
| Federal law vs. state law | Federal law is supreme and takes precedence over state and local laws |
| Ratification process | Requires special state ratifying conventions with nine states required to enact the Constitution |
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What You'll Learn
The US Constitution's Preamble
The preamble to the US Constitution is an introductory statement that outlines the intentions and purpose of the document. It is not a law itself, but it sets the stage for the highest law of the land. The preamble communicates the basic principles that the framers of the Constitution agreed upon.
The Preamble to 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 hot Philadelphia summer of 1787. It outlines five key objectives: 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 is more than just a formal introduction; it is a statement of values and aspirations that underpin the US legal system. It reflects the commitment to applying laws fairly and equally to everyone, as well as the separation of powers among the branches of government. The preamble has inspired and guided many discussions, educational programs, and courtroom conversations about the Constitution and its relevance in everyday life.
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The three branches of government
The Constitution of the United States is the highest law of the land. It establishes the framework for the country's government and outlines the rights and responsibilities of its citizens. One of the fundamental principles of the US political system is the division of powers across three branches of government: the executive, the legislative, and the judicial. This separation of powers is intended to provide a system of checks and balances to ensure that no one branch holds too much power.
The executive branch is responsible for executing and enforcing the laws of the country. It is headed by the President, who is the Commander-in-Chief of the armed forces and the leader of the federal government. The President is responsible for appointing the heads of executive departments, as well as other high-ranking government officials, with the approval of the Senate. The executive branch also includes independent agencies, boards, commissions, and committees.
The legislative branch, or Congress, is responsible for creating and passing laws. It consists of two chambers: the Senate and the House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the several states. The legislative branch also has the power to confirm or reject the President's nominees for various positions, and in exceptional circumstances, it can remove the President from office.
The judicial branch interprets the laws and ensures that they are applied fairly and in accordance with the Constitution. It is headed by the Supreme Court, which is the highest court in the country. The Supreme Court hears cases that pertain specifically to issues related to the Constitution, while lower federal courts in each state hear cases involving federal issues. The judicial branch also includes the Federal Judicial Center, which serves as an education and research agency for the federal courts.
Each branch of the US government has the ability to respond to the actions of the others, creating a system of checks and balances that ensures no one branch dominates the others. For example, the President can veto legislation created by Congress, but Congress can override a presidential veto with a two-thirds majority vote in both houses.
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The amendment process
The process of amending the US Constitution is a difficult and time-consuming task. The framers made it challenging to amend the document to ensure its longevity. The authority to amend the Constitution comes from Article V of the Constitution.
An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request that Congress call a constitutional convention to propose amendments. However, this has never happened. A proposed amendment must be passed by two-thirds of both houses of Congress and then ratified by three-fourths of the states (38 out of 50 states). Once an amendment is ratified by the required number of states, it becomes part of the Constitution.
The process begins with Congress proposing an amendment in the form of a joint resolution. The original document is sent directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes and publishes the resolution in slip law format, along with an information package for the states.
Once a state ratifies a proposed amendment, it sends an original or certified copy of the state action to the Archivist of the United States, who heads NARA. The Archivist delegates many duties associated with this function to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.
When the OFR receives 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 the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the nation that the amendment process is complete. The signing of this certification has become a ceremonial function attended by dignitaries, sometimes including the President.
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Voting rights
The 14th Amendment extended citizenship rights to all natural-born or naturalized Americans, regardless of race, and guaranteed that states could not restrict these rights, including voting rights. The 15th Amendment, ratified in 1870, further prohibited restricting the right to vote based on race, granting all male citizens the right to vote regardless of their ethnicity or previous slave status. However, many African Americans still faced obstacles to voting due to discriminatory practices and laws, such as poll taxes, literacy tests, and intimidation.
The 19th Amendment, ratified in 1920, extended voting rights to women, though it should be noted that Wyoming granted women the right to vote as early as 1869. The 24th Amendment, ratified in 1964, explicitly banned poll taxes, removing a significant barrier that prevented low-income citizens of all races from voting. The Voting Rights Act of 1965 further secured voting rights for adult citizens of all races and genders by prohibiting voter discrimination based on race, colour, or membership in a language minority group. It also required certain places to provide election materials in languages other than English.
The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18, extending the right to vote to all citizens aged 18 and older. While federal laws govern voting rights, individual states have the power to determine voter qualifications, leading to variations in voting requirements across the country. Most states require some form of identification before allowing individuals to vote.
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The President's role
The President of the United States has a significant role in the Constitution and its interpretation and application. While the President is not directly mentioned in the Constitution, the office is central to the system of checks and balances that defines the US government. The President's role is outlined in Article II of the Constitution, which establishes the executive branch of government.
One of the President's primary roles is to enforce the laws and ensure the Constitution is upheld. As the head of the executive branch, the President is responsible for ensuring that the laws passed by Congress are faithfully executed. This includes signing or vetoing bills passed by Congress, appointing federal judges and other officials, and overseeing the various departments and agencies that make up the executive branch, such as the State Department and the Department of Defense.
The President also plays a critical role in foreign policy and national security. The President is the commander-in-chief of the armed forces and is responsible for conducting diplomatic relations with other nations. This includes making treaties and appointing ambassadors, both of which require the advice and consent of the Senate. The President also has the power to recognize foreign governments and receive foreign diplomats.
Another important aspect of the President's role is the power to grant pardons and reprieves for offenses against the United States, except in cases of impeachment. This power is often used to show mercy to individuals or to address perceived injustices in the criminal justice system. The President can also commute sentences, which reduces the severity of a punishment without forgiving the offense itself.
In addition, the President has the authority to call on Congress to provide their opinion on matters and to convene both houses in special sessions when they think it necessary. This power is intended to allow the President to address urgent matters that require the attention of Congress outside of its regular session.
Finally, the President also has a symbolic role as the leader of the nation. The President often sets the political agenda for the country and can use their bully pulpit to influence public opinion and shape the national debate. They are also often seen as a representative of the country's values and ideals, both domestically and abroad.
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Frequently asked questions
The Constitution of the United States is the highest law of the land. It describes the way the government is structured and how it operates.
The Constitution contains a preamble and seven articles. The preamble sets the stage for the Constitution and communicates the intentions of its framers. The seven articles establish the three branches of government and their powers: Legislative (Congress), Executive (Office of the President), and Judicial (Federal Court System).
The preamble outlines the following basic principles: forming a more perfect Union, establishing Justice, insuring domestic Tranquility, providing for the common defence, promoting the general Welfare, and securing the Blessings of Liberty to the people and their Posterity.
The Constitution establishes a system of checks and balances to prevent any one branch from becoming dominant. This ensures a separation of powers and healthy tensions among the branches, resulting in outcomes that impact everyday life.
The President is required to take an Oath of Affirmation, swearing to preserve, protect, and defend the Constitution. The President serves as the Commander-in-Chief of the Armed Forces and has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
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