The United States Constitution, ratified in 1788 and effective in 1789, is the supreme law of the United States. It comprises seven articles, detailing the framework of the federal government and establishes the structure of the U.S. Government, such as laying out the three branches of government: the legislative, executive, and judicial branches. It also comprises 27 amendments, most of which detail the rights of the people in the U.S. Understanding the Constitution is essential to understanding the structure of the government and understanding how it works. So, in today’s post, we will look at the seven articles that make up the Constitution.
Preamble
The introduction, or preamble, of the Constitution, is as follows:
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.
Preamble, United States Constitution
The first phrase echoes the Declaration of Independence. This paragraph serves as an introduction to the Constitution and establishes the purpose and principles of the document.
Article I
Article I describes Congress, the legislative branch of the government. Section 1 establishes the bicameral congress: a legislature that comprises of two branches: the House of Representatives and the Senate.
Section 2 lays out the structure and responsibilities of the House. It details the requirements to be a representative, describes that House elections must be held every two years, and details that each state should have at least one representative. It also establishes the three-fifths compromise and mandates the U.S. census to occur every ten years.
Section 3 is similar to the previous section, except that it applies to the Senate. It says that there must be two senators for each state and that they should serve for a term of six years, and that one-third of the Senate should be re-elected every two years. It also establishes other powers the Senate has and details the qualifications to become a Senator, as well as allowing the Vice President to break ties in the Senate. Originally, Senators were not elected via popular vote but this has been changed by the Seventeenth Amendment.
Also included in Sections 4 to 7 is the power for states to decide how congressmen are elected and ensures no congressmen can be appointed to any other civil office while serving in Congress. The process of bill passage is also described here.
Section 8 details all the powers the legislative branch has, such as collecting tax, providing for the country’s defense, regulate commerce, coin money, declare war, establish post offices, exercise legislation in D.C., and so on. Section 9 details the limits of congressional power, while Section 10 describes some powers Congress has over states (such as preventing a state from laying duties from imports or exports unless approved by Congress).
It is important to note that the constitution defines a set of checks and balances for each governmental branch, to prevent any branch from having too much power (example: the legislative branch creates laws, the executive branch enforces the law, and the judicial branch interprets it). A more detailed post on checks and balances will come in a future post in this series.
Article II
Article II describes the executive branch of the government. Section 1 says the President is the head of the executive branch of the federal government, the nation’s head of state, and head of government. It also describes the Electoral College system, details the requirements to become President, and requires that all presidents take an oath before assuming office.
Section 2 states that the President is the Commander in Chief of the U.S. Armed Forces. It also states the powers of the executive branch (which, because the Founding Fathers were afraid of tyranny, are weak), such as appointing ambassadors, Supreme Court justifies, and so on with congressional approval. The president can also make treaties with the consent of two-thirds of the Senate.
Section 3 gives the president the power to convene and adjourn Congress on “extraordinary occasions,” ensures laws are faithfully executed, reports to Congress on the State of the Union, receives ambassadors, and allows the president to grant pardons (except during impeachment). Section 4 allows the president and other officials to be removed via impeachment.
Article III
Article III describes the judicial branch of the government and the court system. Section 1 vests the judicial power in the Supreme Court and other “inferior courts” that Congress establishes.
Section 2 extends the judicial power to all cases and ensures trial by jury. The article also gives the power of interpretation and application of the law to the courts and gives it the power to punish, sentence, and direct future actions to resolve conflicts.
Section 3 defines “treason” and stops Congress from modifying federal law on treason by majority statute.
Article IV
Article IV details relations among states and between states and the federal government. Section 1 requires states “full faith and credit” to the public acts, records, and court proceedings of other states and allows Congress to regulate the manner in which proof of such acts may be admitted.
Section 2 prevents states from being biased for or against citizens based on the grounds of whether or not that person is a state resident and allows for extradition between states. It also contains the “fugitive slave clause,” which has since been voided by the Thirteenth Amendment (the word “slave” is avoided). It also ensures freedom of travel between states.
Section 3 allows Congress to admit new states and details the requirements for becoming a new state. It also gives Congress the power to govern non-state territories of the United States (such as Guam, Puerto Rico, and so on).
Section 4 requires the United States to guarantee a republican government to each state and to protect each state from invasion or attack.
Article V
Article V details the process to amend the Constitution. For example, an amendment can be made with a two-thirds majority in both houses of Congress or by a national convention, when two-thirds of states call for one. To ratify the amendment, three-quarters of states must approve it. Alternatively, the consent of state ratifying conventions can also ratify an amendment.
In addition, the article stops Congress from restricting the importation of slaves until 1808 (which Congress immediately did on Jan. 1, 1808) or levy an income tax without apportioning it to the states or census (Congress ratified the Sixteenth Amendment in 1913 to give it this power).
Article VI
Article VI describes prior debts, national supremacy, and oaths of office. It validates national debt and other engagements entered into before the adoption of the Constitution. It also ensures that the Constitution is made the supreme law of the United States and requires all legislators, officers, and judges to take oaths or affirmations to support the Constitution before taking office, thereby preventing local laws from conflicting with the Constitution and requires judges to honor the Constitution over any other laws. It also prevents religious tests from being required to hold office.
Article VII
Article VII says that the ratification of the Constitution by nine states (two-thirds of 13) would be sufficient to establish it.
So that was the Constitution fully summarized. It is quite interesting how a 200-year-old document is still the guidance of the United States Government today. Next time, we will go over the 27 amendments of the Constitution. Subscribe so you don’t miss it.
Click here to read the Constitution in its full form.