The US Constitution. Articles of the Constitution
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1 The US Constitution Articles of the Constitution Article I delegates all legislative power to the bicameral Congress. The two chambers differ in the qualifications required of their members, the term of office (two years for the House, six for the Senate), and their modes of election. While members of the House are directly elected, Senators were originally appointed by state legislators. This did not change until the Seventeenth Amendment (1916) provided for direct election of Senators in their home states. To apportion seats among the states in the House of Representatives, Section 2 of Article I requires a census of the population every ten years. The House and Senate also have contrasting, specialized functions, with the House having the sole ability to initiate bills dealing with taxes while the Senate exercises greater oversight over presidential appointments and foreign policy. Article I, the first and longest part of the Constitution, also describes the legislative process and how a bill becomes law. Article I, Section 8 identifies a wide range of enumerated powers, or powers specifically listed in the text, exercised by Congress. These powers cover a wide range of subjects and among them is the authority of Congress to tax, spend, and borrow. A number of these powers deal with the economy, such as the power to coin money, grant copyrights and maintain a postal service. Perhaps the most important grant found in this category is the interstate commerce clause which allows the federal government to regulate a wide variety of economic activity. The enumerated powers also recognize the federal government's primacy in the conduct of diplomacy giving it authority over war and peace as well as maintenance of the armed forces. There is more to the power of the national government than meets the eye. Tucked away inconspicuously at the end of Article I, Section 8 is a clause giving Congress authority to make any laws necessary and proper to carry out any of the enumerated powers just listed. The necessary and proper clause, often called the "elastic clause," has been interpreted to recognize additional implied powers; federal powers that are not specifically mentioned in the text of the Constitution itself but nonetheless exist due to the flexible interpretation of the necessary and proper clause. A chief example is the national government's recognized power to create a federal bank in order to facilitate its enumerated power to coin money.
2 The US Constitution and Supermajorities A major defect of the Articles of Confederation is that it required a supermajority for making many important decisions. For example, nine out of thirteen states (70 percent) had to approve any governmental action or decision. The Framers of the US Constitution deliberately set out to remedy this defect by empowering Congress to make most decisions by majority rule (51 percent). Majority rule is not without problems however. For instance, it may be easier for special interest groups to obtain support for their cause from 51 percent of congressional members instead of a supermajority (60 percent or 70 percent). Furthermore, if Congress is overly responsive to the ever-changing whims of the public on hot-button issues, a 2-point difference between 51 percent and 49 percent can shift in the blink of an eye. Lastly, the potential exists for the majority to place its interests above a minority's interests to such an extent that the majority becomes tyrannical. Therefore, while the Framers preferred simple majority rule for ordinary legislation, they specified certain situations in which a supermajority margin must be reached before Congress can take action. This activity focuses on actions in the Constitution that require a supermajority margin. Interactive Activity: The U.S. Constitution and Supermajorities Identifies the margin of votes required before Congress can take action. Example 1: Approving the vice president's and cabinet members' request to remove the president from office requires a two-thirds vote in both the House and the Senate. Example 2: Convicting the president on impeachment charges requires a two-thirds vote in the Senate. Example 3: Expelling a member from the House of Representatives requires a two-thirds vote in the House. Example 4: Expelling a member from the Senate requires a two-thirds vote in the Senate: Example 5: Overriding a presidential veto requires a two-thirds vote in both the House and Senate. Example 6: Passing a constitutional amendment requires a two-thirds vote in both the House and Senate. Example 7: Ratifying a constitutional amendment requires a three-fourths vote of state legislators (38 states). Example 8: Calling for a Constitutional Convention requires a two-thirds vote of state legislators (34 states). Example 8: Approving or rejecting a resolution to ratify a treaty requires a two-thirds vote in the Senate.
3 Article II: The Executive Branch Article II describes the executive branch and specifies, without defining it, that the executive power is vested in the president who enforces and administers the law. His formal legislative power is quite limited, being found exclusively in the negative power of his legislative veto. The president, who serves for a term of four years, is commander-in-chief of the armed forces. The Constitution thus firmly establishes the principle of civilian control of the military. The president also plays the role of head of state, receiving ambassadors and appointing his own with the advice and consent of the Senate. The president negotiates treaties with foreign countries that are ratified by a vote of two-thirds of the Senate. He has authority to appoint members of his cabinet and other officials of the executive branch. The president also appoints individuals to the federal judiciary, in particular members of the Supreme Court. It is important to note that Article II establishes the comparatively curious method of selecting the president, not by direct vote but by the Electoral College. Finally, Article II describes impeachment, the legal process by which the president may be removed from office by Congress. Article III: The Judiciary If the Constitution's description of the executive branch is comparatively terse next to its extremely detailed description of Congress, it is even less descriptive of the judicial branch. Article III creates a Supreme Court but allows Congress to create inferior courts as it wishes. Federal courts have jurisdiction, defined as the authority to hear and decide a case, over issues arising under federal law. Although Article III does not mention the most impressive power of the courts, judicial review, which is the power of a court to declare acts or laws of elected officials unconstitutional, an early Supreme Court case, Marbury v. Madison (1803), created the legal basis for it. Federal judges are appointed by the president with the advice and consent of the Senate and serve for life or until they retire. Judges can be impeached by Congress in similar fashion to the president, but the Constitution protects judicial independence by prohibiting Congress from lowering judicial salaries as long as they hold office. Articles IV VII While the first three articles of the Constitution describe the structure and powers of the three branches of government the remaining amendments are a more motley collection devoted to
4 the relationship between the federal government and the states, among the states themselves, the constitutional amendment process, and the ratification process. Article IV, for example, contains the full faith and credit clause requiring states to recognize each other's public acts and legal proceedings. The privileges and immunities clause prohibits states from treating citizens of other states in a discriminatory fashion in most situations. Article VI contains the important supremacy clause, while Article VII establishes the now moot conditions for the Constitution's original ratification. One of the most important provisions in any constitution is the manner in which it can be amended. Article V creates a two-stage and rather difficult amendment process. The typical constitutional amendment requires a two-thirds vote of each chamber of Congress to propose an amendment and the amendment must be ratified by three-fourths of the state legislatures or in constitutional conventions called by the states for the same purpose. In over 227 years of American history, the US Constitution has been amended only 27 times. However, constitutional scholars and others recognize that there have been many unofficial amendments to the US Constitution both through judicial interpretation and through political practice. Find the Amendment One purpose of the Constitution is to place limits on governmental power. The Framers of the Constitution did not want governmental powers to be easily expanded or narrowed based on the whims of the people. Therefore, they established a formal amendment process for changing the Constitution. This activity focuses on the major amendments to the Constitution. Interactive Activity: Find the Amendment Focuses on provisions in key constitutional amendments. 1st Amendment protects free speech, press, and assembly. 13th Amendment abolishes slavery. 14th Amendment protects due process and defines citizenship. 15th Amendment prohibits denying the right to vote due to race. 16th Amendment allows Congress to tax incomes. 17th Amendment provides for direct election of Senators. 19th Amendment prohibits denying the right to vote due to sex. 22nd Amendment limits the president to 2 terms. 25th Amendment provides for a president's disability. 26th Amendment enables individuals 18 years or older to vote.
5 Articles of the US Constitution The main body of the Constitution is made up of seven articles. The Articles explain how the government works. They also carefully describe the rules for electing government officials, like senators and the president. This activity tests your knowledge about what is covered in each Article. Interactive Activity: The Articles of the U.S. Constitution Part 1 Reviews key provisions in the Articles. Article 1, Section 1 establishes the legislative branch. Article I, Section 7 describes how a bill becomes law. Article I, Section 8 covers enumerated powers, necessary and proper clause, and commerce clause. Article I, Section 9 limits congressional powers. Article II, Section 1 establishes the executive branch. Article II, Section 2 establishes the president as commander-in-chief. Article III, Section 1 establishes the Supreme Court. Article III, Section 2 designates the Supreme Court as primarily an appellate court. Part 2 Article IV, Section 1 covers full faith and credit clause. Article IV, Section 2 covers extradition clause. Active IV, Section 4 ensures a republican form of government. Article V details how to amend the Constitution. Article VI, Clause 2 covers the supremacy clause. Article VI, Clause 3 requires all federal and state officials to uphold the U.S. Constitution. Article VII requires nine states to ratify the Constitution before it becomes effective. Additional Resources Websites The United States Constitution Online The National Archives offers high-resolution images of the nation s charter, a text transcript, and additional resources for research.
6 Constitution Facts An educational resource for learning about the US Constitution, the website includes the full text, offers insights into the foundation of each provision, and a look at landmark decisions by the US Supreme Court. Books An Economic Interpretation of the Constitution of the United States, by Charles Beard. Professor Beard, the founder of the New School for Social Research, contends that the Founding Fathers included a clear strategy for Colonial economics in the writing of the Constitution that both revised and maintained elements of the preexisting social order.
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