The Constitution's Explicit Powers: Understanding America's Founding Document

The United States Constitution is a written document that outlines the country's core values and principles, serving as a framework for the US government. It establishes a federalist system, dividing power between the national government and state governments. The Constitution grants legislative power to Congress, which consists of the House of Representatives and the Senate, with the President holding executive power and the Supreme Court exercising judicial power. The Constitution enumerates specific powers, such as the power to lay and collect taxes, regulate commerce, establish uniform laws, and declare war. It also includes a Necessary and Proper Clause, allowing Congress to make laws necessary to execute its powers. The Tenth Amendment clarifies that any powers not delegated to the federal government are reserved for the states or the people, emphasizing the limited scope of the federal government's authority. The Constitution's difficulty to amend ensures its longevity while allowing for evolving interpretations.

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The legislative branch

Congress has the sole authority to enact legislation and declare war, the right to confirm or reject Presidential appointments, and substantial investigative powers. The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population, with a set number of representatives from each state. There are also 6 non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other US territories. The Speaker of the House is elected by the Representatives and acts as the presiding officer of the chamber. The House of Representatives has the sole power of impeachment.

The Senate, on the other hand, is composed of two Senators from each state, chosen by the state legislature for a term of six years. The Senators are divided into three classes, with one-third of the Senate being chosen every two years. The Vice President of the United States is the President of the Senate but does not have a vote unless there is an equal division. The Senate chooses its other officers and a President pro tempore, who presides in the absence of the Vice President. The Senate has the sole power to try all impeachments.

The legislative process begins with the introduction of a bill to Congress. While anyone can write a bill, only members of Congress can introduce legislation. Bills are often changed drastically during the legislative process. After introduction, a bill is referred to the appropriate committee for review. There are 17 Senate committees with 70 subcommittees and 23 House committees with 104 subcommittees. These committees and subcommittees oversee specific policy areas. Once a bill has passed both houses of Congress, it goes to the President for consideration.

The executive branch

Article II of the U.S. 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. This clause also specifies that the president and vice president serve four-year terms and must be elected to their respective offices.

Section 2 of Article II defines specific presidential powers and duties. This includes the Commander in Chief authority, the power to require written opinions from the heads of executive departments, and the pardon power. The President also has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. The President shares certain powers with Congress, including the treaty-making power and the appointment power. The President can also unilaterally make temporary appointments during Senate recess.

Section 3 of Article II requires the President to give Congress information on the state of the union and authorizes the President to recommend legislative measures and, in extraordinary circumstances, convene or adjourn Congress. The President is also granted the power to receive ambassadors and other public ministers. This section also contains the Take Care Clause, requiring the President to ensure that the laws are faithfully executed. The President has distinct authority over foreign affairs and is the sole representative of the nation in this regard.

The duties of the Vice President, outside of those enumerated in the Constitution, are at the discretion of the current President. The Vice President may take on a specific policy portfolio or serve as a top adviser to the President.

Article II includes requirements for becoming President, such as being at least 35 years old, a natural-born citizen, and having lived in the United States for at least 14 years. It also outlines the process for electing the President, although this has been modified by subsequent amendments. The President is not directly elected by the people but through the Electoral College.

The judicial branch

The United States Constitution divides power between the national government and the state governments. This division of authority is referred to as "federalism". While the federal government is very strong and has much power over the states, it is limited to the powers enumerated in the Constitution.

The Constitution provides a system of checks and balances designed to avoid the tyranny of any one branch. Most important actions require the participation of more than one branch of government. For example, Congress passes laws, but the President can veto them.

The Constitution is difficult to amend. An amendment must first pass both houses of Congress by a two-thirds majority and must then be ratified by the legislatures of three-fourths of the states. This makes the Constitution an anti-majoritarian document. By binding the hands of future generations, it prevents a majority from granting tyrannical powers to the government in a time of crisis. It also prevents a majority from easily taking away the rights of minorities.

The judicial power is vested in one Supreme Court and other federal courts created by Congress. The Supreme Court has invoked the Tenth Amendment, for example, in United States v. Alfonso D. Lopez, Jr., which determined that federal laws that established "gun-free zones" on public school campuses were unconstitutional, as there was no segment of the Constitution that authorized them.

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Division of powers

The United States Constitution divides power between the national government and the state governments. This division of authority is referred to as "federalism". The federal government is strong and wields much power over the states, but it is limited to the powers specifically enumerated in the Constitution.

Article I of the Constitution vests the legislative power of the United States in a bicameral Congress, composed of the House of Representatives and the Senate. The House of Representatives is made up of members chosen every two years by the people of the states, with each state having a number of members proportional to its population. The Senate, on the other hand, has two senators from each state, serving six-year terms. Congress has the power to lay and collect taxes, duties, imposts, and excises; to regulate commerce with foreign nations, among the states, and with Indian tribes; to establish uniform rules of naturalization and bankruptcy laws; to promote the progress of science and the useful arts by securing exclusive rights to authors and inventors; to define and punish counterfeiting, piracy, and felonies committed on the high seas; to declare war and make rules concerning captures; to raise and support armies; and to make all laws necessary and proper for executing these powers.

The executive power is invested in the President, who must be a natural-born citizen, at least 35 years old, and a 14-year resident of the United States. The judicial power is vested in the Supreme Court and other federal courts created by Congress. The Constitution provides a system of checks and balances to prevent the tyranny of any one branch, with most important actions requiring the participation of multiple branches.

The Tenth Amendment to the Constitution, ratified in 1791, clarifies that any powers not specifically given to the federal government nor prohibited from the states are reserved for the states or the people. This amendment has been interpreted as a limitation on the federal government's powers, with Supreme Court decisions invoking it to determine whether the federal government has overstepped its authority.

Amending the Constitution

The United States Constitution is a challenging document to amend. This is by design, as the framers of the Constitution wanted to prevent future generations from making impulsive changes that could grant tyrannical powers to the government or infringe on the rights of minorities.

The Constitution is written in general and abstract terms, allowing for changing interpretations over time. This flexibility helps to prevent the document from becoming obsolete. However, the Constitution also divides power between the national government and state governments, and this division of authority is referred to as federalism. The federal government has broad powers over the states but is limited to the powers specifically enumerated in the Constitution.

The Tenth Amendment, ratified in 1791, clarifies that any powers not specifically given to the federal government nor prohibited to the states are reserved for the states or the people. This amendment has been used to both expand and contract the authority of the federal government and has been central to the ongoing debate between federal and state power.

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