Omar Bennett
The US Constitution is the supreme law of the land, with the power to regulate government. It outlines the basic rights of the people, including life, liberty, and property, and dictates the duties and powers of the President of the United States. The Constitution also establishes the structure of Congress, including the Senate and the House of Representatives, and outlines the process of elections. It is considered the most difficult constitution in the world to amend, which has allowed significant democratic backsliding in the United States. The US Constitution also dictates the inauguration date of the President as January 20th.
| Characteristics | Values |
|---|---|
| Date of Inauguration | 20th of January |
| President's Age | At least 35 years old |
| President's Residency | 14 years as a resident of the US |
| President's Citizenship | Natural-born Citizen or Citizen at the time of the Adoption of the Constitution |
| President's Powers | Commander-in-Chief of the Army and Navy, Granting Reprieves and Pardons for Offences, and Executive Power |
| Legislative Powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| Judicial Powers | Supreme Court's jurisdiction over actions by government officials and interpretation of the Constitution |
| State Powers | No State shall lay Duties on Imports or Exports without Congress consent, No State shall keep Troops or Ships of War in peacetime, No State shall enter into Agreements with foreign Powers without consent |
| Amendment Difficulty | Most difficult in the world to amend, according to scholars |
Explore related products
$9.99 $9.99
What You'll Learn
The President's Oath
The Oath 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 Constitution gives the option to "affirm" instead of "swear". This may be to accommodate certain Christians, including Quakers, who interpret scripture literally: "...my brethren, swear not, neither by heaven, neither by the earth, neither by any other oath: but let your yea be yea; and your nay, nay; lest ye fall into condemnation" (James 5:12, KJV). Franklin Pierce is the only president known to have used the word "affirm".
The Constitution is the supreme law of the land, and the written Constitution can only be changed by an extraordinary legislative process of national proposal, followed by state ratification. The US Constitution is the most difficult in the world to amend.
The Constitution: Building a Stronger, United America
You may want to see also
Executive Power
Article II of the US Constitution establishes the Executive Branch of the federal government. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President of the United States of America. The President holds office for a term of four years and is elected alongside the Vice President.
The President is the Commander in Chief of the Army, Navy, and Militia of the United States. They have the power to grant reprieves and pardons for offences against the US, except in cases of impeachment. The President may require the written opinion of the principal officer in each of the executive departments and has the power to fill up all vacancies that may happen during the recess of the Senate.
The President is responsible for ensuring that the laws of the nation are faithfully executed. They have distinct authority over foreign affairs and are the only ones with the power to speak or listen as a representative of the nation. They receive ambassadors and other public ministers, and give Congress information on the state of the union. The President may also recommend legislative measures and, in extraordinary circumstances, convene or adjourn Congress.
The President, Vice President, and all civil officers may be impeached and removed from office for treason, bribery, or other high crimes and misdemeanours.
The US Constitution: Does it Include Commonwealths?
You may want to see also
Legislative Powers
The US Constitution establishes the Legislative Branch of the federal government in Article I. Section 1, the Legislative Vesting Clause, provides that all federal legislative powers are vested in the Congress, which consists of a Senate and a House of Representatives.
The House of Representatives is composed of members chosen every second year by the people of the several states. Each state's electors must have the qualifications required for electors of the most numerous branch of the state legislature. No person can be a representative who has not attained the age of 25, been a citizen of the United States for at least seven years, and who is not, when elected, an inhabitant of the state in which they are chosen. Representatives and direct taxes are apportioned among the several states according to their respective numbers.
The Senate is composed of two Senators from each state, chosen by the Legislature for six years, and each Senator has one vote. After the first election, the Senators are to be divided as equally as may be into three classes. The Senate has the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice presides, and no person shall be convicted without the concurrence of two-thirds of the members present.
Section 8 enumerates Congress's specific legislative authorities, including the power to tax and spend, to borrow money, to regulate interstate commerce, to establish uniform rules on naturalization and bankruptcy, to coin money, to punish counterfeiters, to establish post offices, to regulate intellectual property, to establish courts, to punish maritime crimes, to declare war, to raise and support armies, to govern enclaves, and to make other laws necessary and proper for executing these powers.
Section 9 denies certain powers to Congress, including restricting the slave trade, generally denying the ability to suspend the writ of habeas corpus, prohibiting bills of attainder and ex post facto laws, restricting direct taxes, export taxes, and appropriations, prohibiting ports preferences, and prohibiting titles of nobility and foreign emoluments.
Segregation: Flexibility or Constitution Interpretation?
You may want to see also
Explore related products
Judicial Review
The concept of judicial review was already established at the time of the Founding. The Privy Council had employed a limited form of judicial review to review colonial legislation and its validity under the colonial charters. Several instances were also known of state courts invalidating state legislation as inconsistent with state constitutions. Practically all of the Framers who expressed an opinion on the issue welcomed the existence of court review of the constitutionality of legislation. Views were also expressed in the ratifying conventions recognising judicial review, some of them uttered by Framers.
The basic theory of American judicial review is that the written Constitution is fundamental law within the states. It can only change via an extraordinary legislative process of national proposal, followed by state ratification. The powers of all departments are limited to enumerated grants found in the Constitution.
The Supreme Court's power of judicial review plays an essential role in ensuring that each branch of government recognises the limits of its power. It protects civil rights and liberties by striking down laws that violate the Constitution. It also sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
One of the first critics of judicial review was Richard Dobbs Spaight, a signer of the Constitution. In a correspondence with Supreme Court Justice James Iredell, Spaight wrote of his disapproval of the doctrine, arguing that there was nothing in the Constitution to support the power of judicial review. Robert Yates, a delegate to the Constitutional Convention from New York, also argued during the ratification process that the courts would use the power of judicial review loosely to impose their views about the "spirit" of the Constitution. In 1820, Thomas Jefferson also expressed his opposition to the doctrine of judicial review, stating that it placed the country "under the despotism of an oligarchy".
Benjamin Franklin's Age When Drafting the Constitution
You may want to see also
Inauguration Date
The US Constitution dictates the inauguration date for the President of the United States. According to the 20th Amendment, the term of each elected US President begins at noon on January 20th of the year following the election. This amendment also specifies that the outgoing President and Vice President's terms end at noon on this date, allowing the new President and Vice President to take their oaths of office and assume their duties.
The first inauguration, that of George Washington, took place on April 30, 1789. All subsequent regular inaugurations from 1793 until 1933 were held on March 4, the day the federal government began operations under the Constitution in 1789. The only exception to this pattern was when March 4 fell on a Sunday, in which case the public inauguration ceremony would be held on the following Monday, March 5.
The Constitution also dictates the wording of the presidential oath of office, which is specified in Article II, Section 1:
> "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 of office may be taken anywhere, with anyone in attendance who can legally witness an oath, and at any time prior to the beginning of the new President's term. Traditionally, the oath is administered by the Chief Justice of the United States, and the President-elect raises their right hand and places their left hand on a Bible or another book.
In addition to the presidential oath, the Constitution also specifies that the Vice President takes a slightly longer oath before the President, as outlined in a federal statute:
> "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God."
Sri Lanka's Constitution: A Comprehensive Overview
You may want to see also
