USC - Structure of the United States Constitution Lesson

 

Structure of the United States Constitution

The United States Constitution is made up of three parts: The Preamble, the Seven Articles, and the Amendments. Let's examine each of these parts in a little more detail and what it would take to amend the constitution.

The Preamble

"We, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, 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 Three Branches of Government

The Constitution outlines the three separate branches of our national government.

      1. The Executive Branch
      2. The Legislative Branch
      3. The Judicial Branch

The Legislative Branch

The legislative branch is made up of Congress (the Senate and the House of Representatives). The powers of Congress are expressed powers because they are directly stated in the Constitution. They are also called enumerated powers because they are numbered 1-18. Congress has the following powers, according to the U.S. Constitution:

      1. Levy taxes
      2. Borrow money
      3. Regulate commerce
      4. Coin money
      5. Punish counterfeiting
      6. Punish piracies
      7. Sole power to declare war
      8. Raise and support armed forces
      9. Raise and support a navy
      10. Regulate the armed forces
      11. Call forth the armed forces
      12. Organize the armed forces
      13. Naturalize citizens
      14. Establish post offices
      15. Secure patents and copyrights
      16. Establish courts
      17. Govern the District of Columbia
      18. Power of impeachment

The Elastic Clause, also known as the Necessary and Proper Clause (Article I, Section 8, Clause 18), grants Congress the power and right to make and carry out laws.  

The landmark Supreme Court case of McCullough v. Maryland reaffirmed the Necessary and Proper Clause. The state of Maryland tried to stop operations of the Second Bank of the United States by levying a tax on all bank notes that were not chartered in Maryland. The Second Bank of the United States was the only out-of-state bank in Maryland at the time, and the court felt that the bank was deliberately being targeted. The Supreme Court ruled that Congress could pass laws necessary to carry out Congress' expressed powers.

Two major principles came out of the case:

      1. The Constitution grants implied powers, or powers authorized by the Constitution, for implementing the U.S. Constitution's express powers in order to create a functional national government.
      2. The state cannot impede valid constitutional exercises of power by the national government.

The Executive Branch

The executive branch is the president, the president's cabinet, and many bureaucratic agencies (these groups actually enact laws once they are signed by the president).  The Founding Fathers believed that a strong executive branch of government was needed to carry out the acts of Congress.

The president has the following powers, according to the U.S. Constitution:

      1. Commander in Chief of the armed forces
      2. Appoints the heads of executive agencies and departments
      3. May pardon people convicted of federal crimes or reduce their jail time or fine
      4. May make treaties with other nations
      5. Appoints ambassadors, federal court judges, and other top officials
      6. Delivers an annual State of the Union address to Congress and the nation
      7. May call Congress into special session if deemed necessary... For example, if a national crisis occurs while Congress is NOT in session, the president can call them all back to Washington D.C. for a special session.
      8. Meets with heads of state, ambassadors, and other foreign officials
      9. Commissions all military officers of the United States
      10. Ensures the laws of Congress that are passed are "faithfully executed"  

The Judicial Branch

Article III, Section 1 of the United States Constitution establishes the judicial branch of government. The judicial branch of the government consists of the Supreme Court and the lower courts. The judicial system is made up of two different court systems, the federal courts and the state courts.

The Supreme Court has the following powers, according to the U.S. Constitution:

      1. Decides the laws to apply to a particular case
      2. Exercises judicial review, or has the power to review a treaty, regulation, or statute that may violate the provisions in a state constitution or the U.S. Constitution
      3. Interprets the laws written by Congress
      4. Examines how a law acts; mindset of a prisoner and to compel testimony in a case
      5. Examines how laws should be explained or interpreted

Marbury vs. Madison

One of the earliest cases that defined the separation or boundary between the judicial and executive branch was the landmark Supreme Court case of Marbury v. Madison. William Marbury petitioned the Supreme Court to force the new secretary of state, James Madison, to send documents that would allow him to take the position of justice of the peace in Washington D.C, as appointed by President John Adams. Supreme Court Chief Justice John Marshall found Madison's refusal to send the documents illegal. The Judiciary Act of 1789 provided Marbury with a solution called writ of mandamus, or an order from a court ordering a government official to fulfill their responsibilities. However, the Supreme Court found the provision unconstitutional, therefore, denied Marbury his petition. The Supreme Court formed the foundation of exercising judicial review under Article III of the U.S. Constitution. The decision helped define the separation boundary between the judicial and executive branches of government and strengthened judicial power.

 

 

The 27 Amendments to the Constitution

The first ten amendments of the Constitution are called the Bill of Rights. The Bill of Rights guarantees individual liberties and freedoms, limits the power of judiciary, and reserves the power to the states and public.

Amendment 1: Rights of freedom of religion (prohibits establishment of one religion over another by law, practicing religion freely), freedom of expression, freedom of speech, freedom of assembly and freedom of press

Amendment 2: Right to possess arms

Amendment 3: Quartering of soldiers prohibited during peacetime... Soldiers should be quartered at a civilian home only with the owner's permission.

Amendment 4: Freedom from seizure of property, arrests and searches without a specific warrant

Amendment 5: Prohibits trial for a crime except on indictment of a Grand Jury, and double jeopardy prohibits punishment without legal procedures and seizure of private property without adequate compensation

Amendment 6: Right to a public and speedy trial by an impartial jury, to confront the witnesses against the accused, and to have a legal attorney in defense of the accused

Amendment 7: Right to trial by a jury in civil cases

Amendment 8: Prohibits imposing cruel, unusual punishments and fines, prohibits granting excessive bails

Amendment 9: Assures the recognition of those rights that people may have but are not listed in the Bill of Rights

Amendment 10: Provides that the powers not given to the United States nor prohibited by the Constitution are reserved to the states respectively or to the people

Amendment 11: Clearly states the judicial powers of US states and the federal government on foreign nationals and the limitations of the citizens to sue states under federal law

Amendment 12: Specifies the procedure for electing the president and the vice-president of the US separately by ballot votes

Amendment 13: Establishes the abolishment of slavery from the US and all the places that fall under its jurisdiction

Amendment 14: Broadly defines the parameters of US citizenship, prohibits the states from reducing or diminishing the privileges of citizens, and emphasizes their 'right to due process and the equal protection of the law'

Amendment 15: Citizens' right to vote shall not be denied by the states or the federal government on the basis of race, color, or previous status of servitude

Amendment 16: Authorizes the federal government to collect taxes on income without apportionment

Amendment 17: Establishes the direct election of senators to the United States Senate

Amendment 18: Prohibits the manufacture, sale, transportation, import or export of intoxicating beverages within the US and all the territories falling under its jurisdiction

Amendment 19: Establishes that citizens' right to vote shall not be denied on the basis of their gender or sex

Amendment 20: States in detail the terms of office that the president, vice-president, senators and representatives shall hold

Amendment 21: Repeals the 18th Amendment... Prohibits the importation of intoxicating beverages

Amendment 22: Establishes the presidential term is limited to two terms, and a person may be elected to presidential office only once after serving 2+ years of a term for which another was elected (Ex: vice president serves 2+ years of a term in which another president steps down)

Amendment 23: Allows the representation of the District of Columbia in the presidential elections

Amendment 24: Prohibits the non-payment of poll tax or other tax as a basis of denial of the right to vote

Amendment 25: The vice president shall become president when the president is removed from office or in case of his death.

Amendment 26: Prohibits the federal government or the state from denying any citizen who is 18 years or above the right to vote

Amendment 27: Establishes that any law which increases or decreases the Congressional pay shall not be put to effect until the next term of office of the representatives begins

Amending the Constitution

The U.S. Constitution can be altered or changed without re-writing the entire document. Article V outlines the amendment process. There are two major steps in the amendment process, the proposal and ratification.

Proposing Amendments

There are two ways to propose an amendment in changing the U.S. Constitution.  

      1. Congress can propose an amendment if 2/3rds of the members of both the House of Representatives and the Senate vote in favor of it.
      2. Two-thirds of the legislatures in all fifty states can call for a constitutional convention for the purposes of proposing amendments to the Constitution.

There have been numerous amendments to the Constitution that have been proposed by Congress since the Constitution was ratified in 1789.  

Ratification

The amendment must be accepted, or ratified, once it has been proposed.  There are two different methods for ratifying the Constitution:

      1. An amendment can be ratified if three-fourths of the state legislatures vote for it.
      2. Congress can direct the states to hold special ratifying conventions to consider a proposed amendment. If three-fourths of the conventions approve the amendment, it is approved or ratified and becomes part of the Constitution.

 

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