essay on us constitution

Background Essay: “A Glorious Liberty Document:” The U.S. Constitution and Its Principles

Guiding Questions: How are republican principles of limited government, separation of powers, and checks and balances reflected in the U.S. Constitution?

• I can identify the ways the Founders tried to limit the power of the government.
• I can explain how the principles of government in the Constitution limit the power of the government.
• I can explain how the Constitution protects liberty.

Essential Vocabulary

Introduction.

In 1852, abolitionist Frederick Douglass gave a speech on the meaning of the Fourth of July. He addressed the inequalities and injustices for Black Americans that made them feel they did not belong and had no reason to celebrate the holiday. However, he also stated his belief that the Constitution was “a glorious liberty document.” Douglass believed that the document created a constitutional government with the central purpose of protecting liberty and a free society for all Americans.

The Founders of the Constitution wanted to build a new and enduring representative government based on the authority of the people. Important constitutional principles guided their work at the Constitutional Convention during the summer of 1787. The balancing act of including these principles was difficult but necessary to protect the liberties of the people. Given their assumptions about human nature, and always keeping in mind the ideals of the Declaration of Independence, the Founders created a Constitution rooted in sound principles of government.

Human Nature and Limited Government

The Founders’ understanding of human nature determined the kind of government they created. In Federalist No. 51, James Madison asked, “What is government itself, but the greatest of all reflections on human nature?” The Founders believed that humans were flawed but capable of virtue. Therefore, humans must be allowed to govern themselves, but that government had to be limited and controlled by the people, or liberty would be lost.

The Constitution defines the powers of the national government. Some powers are enumerated powers , or specifically listed. Others are implied powers or not explicitly listed. These are powers that relate to other powers and are therefore implied. For example, the power to raise an army for defense implicitly includes the power to raise an air force. The Founders wanted to strengthen the national government over what existed under the Articles of Confederation, but they also wanted to limit the powers of that government.

Republican Government and Popular Sovereignty

Based upon the Enlightenment ideas of John Locke, the Declaration asserted that just governments derive their powers from the consent of the governed and thus laid the basis for American self-government. This is the principle of popular sovereignty , which means the people hold ultimate authority. The authority of the people themselves is the greatest limit on the power of the government. In Federalist No. 39 , Madison defined a republic as a government that derives its powers from the people and is governed by representatives elected by the people to serve for a defined period.

The republican principle of self-government guided the Founders in creating the new constitutional government. The Preamble begins, “We the People,” and lists the guiding principles of government. The Constitution also provides for defined terms of office, including two years for the House of Representatives, four years for the president, and six years for the Senate. The most republican feature of the Constitution is the predominance of the legislative branch, which is closest to the people.

Separation of Powers

The Founders trusted the people and their representatives in the new government but created additional tools to prevent government from amassing too much power. Madison made it clear in Federalist No. 48 that the people cannot rely on mere “parchment barriers,” limits written on paper, to control government. Government is most effectively limited through well-founded institutions. The Founders chose to divide power as the best way to avoid tyranny and to ensure the rights of the people are protected. The Constitution contains many examples of the separation of powers . Each division of government exercises distinct powers to carry out its functions and to prevent the accumulation of power. The Congress is divided into two houses—a House of Representatives and a Senate—in a principle called bicameralism. The national government is divided into three branches with different powers and functions to prevent any one branch from becoming too powerful. A legislature makes the law, an executive enforces the law, and a judiciary interprets the law. Some specific constitutional examples are Congress’s power to declare war, the president’s power to make treaties, and the courts’ power to hear cases resulting from legal disputes. The government is also divided into different levels—national, state, and local—to separate power and limit government. This principle of different levels of government having their respective powers is called federalism .

Checks and Balances

Another central device limiting the power of the national government is the provision for the three branches to check and balance each other’s powers. The Constitution contains many such examples of checks and balances . Congress may pass a law, but the president has to sign or veto it. The president can make treaties, but the Senate has to ratify them. The Supreme Court can review a congressional law or an executive order. Another example is that the House can impeach a president and the Senate can remove a president from office if found guilty in a trial presided over by the chief justice of the Supreme Court. There are numerous other examples that would make a very long list.

The division of power among different levels of government is called federalism. As Madison described in Federalist No. 39 , the Constitution is a mixture of the national and the federal principles. In other words, sometimes the national government has exclusive power, and at other times, the national government shares power with the states. Some examples of federalism from the Constitution include the ratification process for the document itself. The people and their representatives had to decide whether to ratify, or approve, the Constitution in popular ratifying [approving] conventions in the states. The amendment process includes ratification by three-quarters of state legislatures or state conventions. Structuring these processes through the states ensures that approval of and changes to the national government are balanced among the states. Similarly, the Senate equally comprises two senators per state, who were originally elected by state legislatures. The Electoral College gives the states a voice in presidential elections through electors the states choose. These provisions also ensure that though the federal government is supreme, the states have a meaningful role in the system.

In the American federal system, both the national and state governments have sovereignty. In general, the national government is sovereign over national matters, such as national defense, foreign trade, and immigration, while states are sovereign over local matters, including basic rules of public order. As Madison noted in Federalist No. 45 , “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” In the federal system, the ultimate power to make decisions for the entire nation rests exclusively with the national government, which, when operating under its proper jurisdiction,is supreme in its enumerated powers. Article VI of the Constitution states that the Constitution, all constitutional laws, and all treaties are the supreme law of the land. More generally, the Constitution empowers the national government to govern for the entire nation. It makes the laws for the country. It makes decisions related to war and peace and conducts relations with foreign nations. It regulates trade between the states and settles disputes among them.

Constitutional Government

American constitutional government is rooted in the ideas of limited government, popular sovereignty, separation of powers, checks and balances, and federalism. These ideas protect the liberties of the people and their right to govern themselves. The Constitution contains words and principles that have the flexibility to respond to centuries of social, economic, and technological change. While the text of the Constitution has words that should be adhered to closely, they are hardly etched in marble. Besides the amendment process that offers a constitutional means of change over time, the American people and their representatives breathe life into the meaning of their Founding documents. They have done so for more than two centuries, through civil dialogue, debate, and deliberation, to reason through the often contested meaning of the Constitution.

Related Content

Background Essay Graphic Organizer: “A Glorious Liberty Document”: The U.S. Constitution and Its Principles

“A Glorious Liberty Document”: The U.S. Constitution and Its Principles

How are the republican principles of limited government, separation of powers, and checks and balances reflected in the U.S. Constitution?

James Madison and Federalist No. 51

The Battle of the Branches: Madison’s “Auxiliary Precautions”

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The Constitution of The United States

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Federalist Papers

By: History.com Editors

Updated: June 22, 2023 | Original: November 9, 2009

The Federalist Papers are a collection of essays written in the 1780s in support of the proposed U.S. Constitution and the strong federal government it advocated. In October 1787, the first in a series of 85 essays arguing for ratification of the Constitution appeared in the Independent Journal , under the pseudonym “Publius.” Addressed to “The People of the State of New York,” the essays were actually written by the statesmen Alexander Hamilton , James Madison and John Jay . They would be published serially from 1787-88 in several New York newspapers. The first 77 essays, including Madison’s famous Federalist 10 and Federalist 51 , appeared in book form in 1788. Titled The Federalist , it has been hailed as one of the most important political documents in U.S. history.

Articles of Confederation

As the first written constitution of the newly independent United States, the Articles of Confederation nominally granted Congress the power to conduct foreign policy, maintain armed forces and coin money.

But in practice, this centralized government body had little authority over the individual states, including no power to levy taxes or regulate commerce, which hampered the new nation’s ability to pay its outstanding debts from the Revolutionary War .

In May 1787, 55 delegates gathered in Philadelphia to address the deficiencies of the Articles of Confederation and the problems that had arisen from this weakened central government.

A New Constitution

The document that emerged from the Constitutional Convention went far beyond amending the Articles, however. Instead, it established an entirely new system, including a robust central government divided into legislative , executive and judicial branches.

As soon as 39 delegates signed the proposed Constitution in September 1787, the document went to the states for ratification, igniting a furious debate between “Federalists,” who favored ratification of the Constitution as written, and “Antifederalists,” who opposed the Constitution and resisted giving stronger powers to the national government.

The Rise of Publius

In New York, opposition to the Constitution was particularly strong, and ratification was seen as particularly important. Immediately after the document was adopted, Antifederalists began publishing articles in the press criticizing it.

They argued that the document gave Congress excessive powers and that it could lead to the American people losing the hard-won liberties they had fought for and won in the Revolution.

In response to such critiques, the New York lawyer and statesman Alexander Hamilton, who had served as a delegate to the Constitutional Convention, decided to write a comprehensive series of essays defending the Constitution, and promoting its ratification.

Who Wrote the Federalist Papers?

As a collaborator, Hamilton recruited his fellow New Yorker John Jay, who had helped negotiate the treaty ending the war with Britain and served as secretary of foreign affairs under the Articles of Confederation. The two later enlisted the help of James Madison, another delegate to the Constitutional Convention who was in New York at the time serving in the Confederation Congress.

To avoid opening himself and Madison to charges of betraying the Convention’s confidentiality, Hamilton chose the pen name “Publius,” after a general who had helped found the Roman Republic. He wrote the first essay, which appeared in the Independent Journal, on October 27, 1787.

In it, Hamilton argued that the debate facing the nation was not only over ratification of the proposed Constitution, but over the question of “whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.”

After writing the next four essays on the failures of the Articles of Confederation in the realm of foreign affairs, Jay had to drop out of the project due to an attack of rheumatism; he would write only one more essay in the series. Madison wrote a total of 29 essays, while Hamilton wrote a staggering 51.

Federalist Papers Summary

In the Federalist Papers, Hamilton, Jay and Madison argued that the decentralization of power that existed under the Articles of Confederation prevented the new nation from becoming strong enough to compete on the world stage or to quell internal insurrections such as Shays’s Rebellion .

In addition to laying out the many ways in which they believed the Articles of Confederation didn’t work, Hamilton, Jay and Madison used the Federalist essays to explain key provisions of the proposed Constitution, as well as the nature of the republican form of government.

'Federalist 10'

In Federalist 10 , which became the most influential of all the essays, Madison argued against the French political philosopher Montesquieu ’s assertion that true democracy—including Montesquieu’s concept of the separation of powers—was feasible only for small states.

A larger republic, Madison suggested, could more easily balance the competing interests of the different factions or groups (or political parties ) within it. “Extend the sphere, and you take in a greater variety of parties and interests,” he wrote. “[Y]ou make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens[.]”

After emphasizing the central government’s weakness in law enforcement under the Articles of Confederation in Federalist 21-22 , Hamilton dove into a comprehensive defense of the proposed Constitution in the next 14 essays, devoting seven of them to the importance of the government’s power of taxation.

Madison followed with 20 essays devoted to the structure of the new government, including the need for checks and balances between the different powers.

'Federalist 51'

“If men were angels, no government would be necessary,” Madison wrote memorably in Federalist 51 . “If angels were to govern men, neither external nor internal controls on government would be necessary.”

After Jay contributed one more essay on the powers of the Senate , Hamilton concluded the Federalist essays with 21 installments exploring the powers held by the three branches of government—legislative, executive and judiciary.

Impact of the Federalist Papers

Despite their outsized influence in the years to come, and their importance today as touchstones for understanding the Constitution and the founding principles of the U.S. government, the essays published as The Federalist in 1788 saw limited circulation outside of New York at the time they were written. They also fell short of convincing many New York voters, who sent far more Antifederalists than Federalists to the state ratification convention.

Still, in July 1788, a slim majority of New York delegates voted in favor of the Constitution, on the condition that amendments would be added securing certain additional rights. Though Hamilton had opposed this (writing in Federalist 84 that such a bill was unnecessary and could even be harmful) Madison himself would draft the Bill of Rights in 1789, while serving as a representative in the nation’s first Congress.

HISTORY Vault: The American Revolution

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Ron Chernow, Hamilton (Penguin, 2004). Pauline Maier, Ratification: The People Debate the Constitution, 1787-1788 (Simon & Schuster, 2010). “If Men Were Angels: Teaching the Constitution with the Federalist Papers.” Constitutional Rights Foundation . Dan T. Coenen, “Fifteen Curious Facts About the Federalist Papers.” University of Georgia School of Law , April 1, 2007. 

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The first amendment, the united states constitution.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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 Constitutional Convention

Section 1: congress.

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2: The House of Representatives

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers;and shall have the sole Power of Impeachment.

Section 3: The Senate

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have 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 shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section 4: Elections

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Section 5: Powers and Duties of Congress

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section 6: Rights and Disabilities of Members

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Section 7: Legislative Process

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section 8: Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises , to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;-And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section 9: Powers Denied Congress

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section 10: Powers Denied to the States

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

The executive Power shall be vested in a President of the United States of America.

He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"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 President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article III

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;-- to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article VII

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Second Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Third Amendment

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Seventh Amendment

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Ninth Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

11th Amendment

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

12th Amendment

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; -- the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. -- The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

13th Amendment

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Congress shall have power to enforce this article by appropriate legislation.

14th Amendment

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States , or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

15th Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

The Congress shall have power to enforce this article by appropriate legislation.

16th Amendment

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

17th Amendment

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

18th Amendment

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

19th Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.

20th Amendment

The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

21st Amendment

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

22nd Amendment

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.

23rd Amendment

The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.

24th Amendment

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.

25th Amendment

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.       Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

26th Amendment

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

27th Amendment

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

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U.S. Constitution.net

The constitution explained – the u.s. constitution online – usconstitution.net, the constitution explained.

The Constitution is often hailed as a marvel of brevity and of clarity. It was, however, written in the 18th century, and many of the ideas, concepts, words, phrases, and euphemisms seem odd to us today, if not down right foreign. Some of the more obscure words are defined in The Glossary .

But what of the Constitution itself? What does it mean? What does each article, each section, say?

This page is like a synopsis or summary of the Constitution, article by article, amendment by amendment. This should not be taken as a substitute for the Constitution, but more like a study guide.

The Preamble to the Constitution has no force in law; instead, it establishes the “Why” of the Constitution. Why is this document in existence? It reflects the desires of the Framers to improve on the government they currently had (to be “more perfect” than the Articles of Confederation ), to ensure that that government would be just, and would protect its citizens from internal strife and from attack from the outside. It would be of benefit to the people, rather than to its detriment. And, perhaps as importantly, it intended to do the same for the future generations of Americans. A more extensive exploration of the Preamble is also available .

Article 1 establishes the first of the three branches of the government, the Legislature. Section 1 establishes the name of the Legislature to be The Congress, a bicameral, or two-part, body.

Section 2 defines the House of Representatives, known as the lower house of Congress. It establishes a few minimum requirements, like a 25-year-old age limit, and establishes that the people themselves will elect the members for two years each. The members of the House are divided among the states proportionally, or according to size, giving more populous states more representatives in the House. The leader of the House is the Speaker of the House, chosen by the members.

Section 3 defines the upper house of Congress, the Senate. Again, it establishes some minimum requirements, such as a 30-year-old age limit. Senators were originally appointed by the legislatures of the individual states, though this later changed. They serve for six years each. Each state has equal suffrage in the Senate, meaning that each state has the exact same number of Senators, two each, regardless of the population. This Section introduces the Vice-President, who is the leader of the Senate (called the President of the Senate); the Vice-President does not vote unless there is a tie.

Section 4 says that each state may establish its own methods for electing members of the Congress, and mandates, or requires, that Congress must meet at least once per year.

Section 5 says that Congress must have a minimum number of members present in order to meet, and that it may set fines for members who do not show up. It says that members may be expelled, that each house must keep a journal to record proceedings and votes, and that neither house can adjourn without the permission of the other.

Section 6 establishes that members of Congress will be paid, that they cannot be detained while traveling to and from Congress, that they cannot hold any other office in the government while in the Congress.

Section 7 details how bills become law. First, any bill for raising money (such as by taxes or fees) must start out in the House. All bills must pass both houses of Congress in the exact same form. Bills that pass both houses are sent to the President. He can either sign the bill, in which case it becomes law, or he can veto it. In the case of a veto, the bill is sent back to Congress, and if both houses pass it by a two-thirds majority, the bill becomes law over the President’s veto. This is known as overriding a veto.

There are a couple more options for the President. First, if he neither vetoes a bill nor signs it, it becomes a law without his signature after 10 days. The second option is called a pocket veto. It occurs if Congress sends the bill to the President and they then adjourn. If the President does not sign the bill within 10 days, it does not become law.

Section 8 lists specific powers of Congress, including the power to establish and maintain an army and navy, to establish post offices, to create courts, to regulate commerce between the states, to declare war, and to raise money. It also includes a clause known as the Elastic Clause which allows it to pass any law necessary for the carrying out of the previously listed powers.

Section 9 places certain limits on Congress. Certain legal items, such as suspension of habeas corpus, bills of attainder, and ex post facto laws are prohibited. No law can give preference to one state over another; no money can be taken from the treasury except by duly passed law, and no title of nobility, such as Prince or Marquis, will ever be established by the government.

Section 10 , finally, prohibits the states from several things. They cannot make their own money, or declare war, or do most of the other things prohibited Congress in Section 9. They cannot tax goods from other states, nor can they have navies.

Article 2 establishes the second of the three branches of government, the Executive. Section 1 establishes the office of the President and the Vice-President, and sets their terms to be four years. Presidents are elected by the Electoral College , whereby each state has one vote for each member of Congress. Originally, the President was the person with the most votes and the Vice-President was the person with the second most, though this is later changed. Certain minimum requirements are established again, such as a 35-year minimum age. Presidents must also be a natural-born citizen of the United States. The President is to be paid a salary, which cannot change, up or down, as long as he in is office.

Section 2 gives the President some important powers. He is commander-in-chief of the armed forces and of the militia (National Guard) of all the states; he has a Cabinet to aid him, and can pardon criminals. He makes treaties with other nations, and picks many of the judges and other members of the government (all with the approval of the Senate).

Section 3 establishes the duties of the President: to give a state of the union address, to make suggestions to Congress, to act as head of state by receiving ambassadors and other heads of state, and to be sure the laws of the United States are carried out.

Section 4 briefly discusses the removal of the President, called impeachment.

Article 3 establishes the last of the three branches of government, the Judiciary. Section 1 establishes the Supreme Court, the highest court in the United States. It also sets the terms of judges, of both the Supreme Court and lower courts: that they serve as long as they are on “good behavior,” which usually means for life (no Justice and only a few judges have ever been impeached). It also requires that judges shall be paid.

Section 2 sets the kinds of cases that may be heard by the federal judiciary, which cases the Supreme Court may hear first (called original jurisdiction), and that all other cases heard by the Supreme Court are by appeal. It also guarantees trial by jury in criminal court.

Section 3 defines, without any question, what the crime of treason is.

Article 4 concerns the states. Section 1 mandates that all states will honor the laws of all other states; this ensures, for example, that a couple married in Florida is also considered married by Arizona, or that someone convicted of a crime in Virginia is considered guilty by Wyoming.

Section 2 guarantees that citizens of one state be treated equally and fairly like all citizens of another. It also says that if a person accused of a crime in one state flees to another, they will be returned to the state they fled from. This section also has a clause dealing with fugitive slaves that no longer applies.

Section 3 concerns the admittance of new states and the control of federal lands.

Section 4 ensures a republican form of government (which, in this case, is synonymous with “representative democracy,” and both of which are opposed to a monarchical or aristocratic scheme – the state derives its power from the people, not from a king or gentry) and guarantees that the federal government will protect the states against invasion and insurrection.

Article 5 details the method of amending, or changing, the Constitution. Please see The Amendments Page for more information.

Article 6 concerns the United States itself. First, it guarantees that the United States under the Constitution would assume all debts and contracts entered into by the United States under the Articles of Confederation . It sets the Constitution and all laws and treaties of the United States to be the supreme law of the country. Finally, it requires all officers of the United States and of the states to swear an oath of allegiance to the United States and the Constitution when taking office.

Article 7 details the method for ratification, or acceptance, of the Constitution: of the original 13 states in the United States, nine had to accept the Constitution before it would officially go into effect.

The Amendments

The first ten amendments to the Constitution were all adopted at the same time and are collectively known as the Bill of Rights .

The 1st Amendment protects the people’s right to practice religion , to speak freely, to assemble (meet), to address (petition) the government, and of the press to publish.

The 2nd Amendment protects the right to own guns. There is debate whether this is a right that protects the state, or a right that protects individuals.

The 3rd Amendment guarantees that the army cannot force homeowners to give them room and board.

The 4th Amendment protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason).

The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, that they may not be tried twice for the same crime, that you need not be forced to testify against yourself, and from property being taken without just compensation. It also contains due process guarantees.

The 6th Amendment guarantees a speedy trial, an impartial jury, that the accused can confront witnesses against them, and that the accused must be allowed to have a lawyer.

The 7th Amendment guarantees a jury trial in federal civil court cases. This type of case is normally no longer heard in federal court.

The 8th Amendment guarantees that punishments will be fair, and not cruel, and that extraordinarily large fines will not be set.

The 9th Amendment is simply a statement that other rights aside from those listed may exist, and just because they are not listed doesn’t mean they can be violated.

The 10th Amendment is the subject of some debate, but essentially it states that any power not granted to the federal government belongs to the states or to the people. See the Federalism Topic Page for more information.

The 11th Amendment more clearly defines the original jurisdiction of the Supreme Court concerning a suit brought against a state by a citizen of another state.

The 12th Amendment redefines how the President and Vice-President are chosen by the Electoral College, making the two positions cooperative, rather than first and second highest vote-getters. It also ensures that anyone who becomes Vice-President must be eligible to become President.

The 13th Amendment abolished slavery in the entire United States.

The 14th Amendment ensured that all citizens of all states enjoyed not only rights on the federal level, but on the state level, too. It removed the three-fifths counting of slaves in the census. It ensured that the United States would not pay the debts of rebellious states. It also had several measures designed to ensure the loyalty of legislators who participated on the Confederate side of the Civil War.

The 15th Amendment ensures that race cannot be used as a criteria for voting.

The 16th Amendment authorizes the United States to collect income tax without regard to the population of the states.

The 17th Amendment shifted the choosing of Senators from the state legislatures to the people of the states.

The 18th Amendment abolished the sale or manufacture of alcohol in the United States. This amendment was later repealed (erased).

The 19th Amendment ensures that gender cannot be used as a criteria for voting.

The 20th Amendment set new start dates for the terms of the Congress and the President, and clarifies how the deaths of Presidents before swearing-in would be handled.

The 21st Amendment repealed the 18th Amendment.

The 22nd Amendment set a limit on the number of times a President could be elected – two four-year terms. It has one exception for a Vice-President who assumes the Presidency after the death or removal of the President, establishing the maximum term of any President to 10 years.

The 23rd Amendment grants the District of Columbia (Washington D.C.) the right to three electors in Presidential elections.

The 24th Amendment ensured that no tax could be charged to vote for any federal office.

The 25th Amendment clarifies even further the line of succession to the Presidency, and establishes rules for a President who becomes unable to perform his duties while in office.

The 26th Amendment ensures that any person 18 or over may vote.

The 27th Amendment requires that any law that increased the pay of legislators may not take effect until after an election.

United States Constitution - Essay Samples And Topic Ideas For Free

The United States Constitution is the supreme law of the U.S. Essays could discuss its historical context, the drafting process, its key principles, amendments, or its impact on American society and government structure. We have collected a large number of free essay examples about United States Constitution you can find in Papersowl database. You can use our samples for inspiration to write your own essay, research paper, or just to explore a new topic for yourself.

About the United States Constitution

When the Articles of Confederation fell apart, The United States Constitution was constructed. The Constitution has been around for more than 250 years. The United States Constitution was created as a set of governing rules written for the country. These rules were meant to help the country stay in order but in today’s society, many of these “rules” have been broken, abused, and taken out of context. The US Constitution is a primary source that states all of the amendments. […]

The United States Constitution

On October 17th 1781, the English surrendered and peace negotiations were initiated in Paris, with an American delegation lead by Benjamin Franklin (1706-1790). The Versalles treaty was signed in 1783and the British government recognized the independence and birth of a new nation: The United States of America. Four years later, the constitution of 1787 came about and was enacted in Philadelphia, influenced by the ideas of illustrious people and enciclopedists in federal court. The election of a president and two […]

Rights and Responsibilities of U.S. Citizens

United States citizens are some of the richest in the world when it comes to the rights that they are afforded. Along with those rights come responsibilities. The U.S. Constitution and the Declaration of Independence are the foundation upon which these rights and responsibilities were carved. A right is a freedom or privilege that is granted to U.S. citizens by the constitution. A responsibility is a duty or obligation to be able to enjoy those rights. Rights and responsibilities go […]

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Fourth Amendment of the United States Constitution Overview

Within the area of business law, there are various controversial topics. One of these is whether there should be employee drug testing. While it is common in the private sector, local governments are now also interested in testing employees even though there are restrictions. (Cite). After reading through different articles, I believe there should no longer be employee drug testing. Under the Fourth Amendment of the United States Constitution, drug testing by governmental employers establishes a “search” (Cite). In order […]

The 14th Amendment: a Discourse on Human Rights

Issue: As a citizen do you feel that your fundamental rights that are stated in the Fourteenth Amendment have been neglected? Answer: Yes. It has been 151 years since the Fourteenth Amendment has been ratified, and the rights to life free of discrimination, the pursuit of happiness in regard to same sex marriage, and education are being neglected by the people in office. Discussion: Section one in the 14th amendment states that “All persons born or naturalized in the United […]

Brown V. Board of Education: a Historical Case that Changed the Course of History

The Brown v. Board of Education was a historical case that changed the course of history. In the case, Oliver Brown-father of Linda Brown- argued that separate schools were unconstitutional because they violated the 14th amendment. The case took a major turn when it was brought up to the Supreme Court. It started with Linda Brown’s journey to her “all black” school, ruled in the favor of Oliver Brown and other parents, and altered the course of history. Linda Brown […]

Judicial Review – Main Documents

Part I: Essay Definitions  Judicial Review is the power to veto the actions of other agencies of government. In other words, it is a review by the United States Supreme Court of the constitutional validity of a legislative act.  The origin of Judicial Review is Marbury v. Madison (1803).  Selective Incorporation is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. It is the […]

Fourteenth Amendment – Brown V. Board of Education

On May 17, 1954 there was a major case that changed the future of the United States greatly. Not only just the case that occured on that date, but many other cases that came up that changed history with a certain amendment that was used in each one of these cases. For example, Brown v. Board of Education. This case was able to use the Fourteenth Amendment to give rights to people who did not have the rights that other […]

Importance of Education and Racial Equality in America

At a very young age, Thurgood Marshall's parents emphasized the importance of education and always encouraged him to think and learn. Alongside his school making him memorize parts of the U.S. Constitution at an early age, this set him up to become the ambitious Associate Justice of the Supreme Court and its first African-American justice ("Thurgood Marshall Biography"). In this text, I will cover what Thurgood Marshall accomplished in his life and how what he did was significant for racial […]

Separation of Powers Federalism and Election of Reps

At the end of the American Revolution—the fight to end the tyranny of the British Parliament and King George III—there was an understandable desire amongst the colonists to prevent the type of government which trampled the rights of the governed. Fear of oppressive rule fueled the creation of a new and more radical form of government, resulting in the Articles of Confederation. These were eventually replaced by the Constitution. Drafting the latter proved to be challenging, as it needed to […]

Brown V. Board of Education: an Ideal Court Case

Brown V. Board of Education was an ideal court case whereby the choose dominated that segregation in faculties becomes unconstitutional. because the item states, “separate however equal” is what the choose and non-colored humans swear its what’s right. It all started in 1896 while the Supreme Court dominated in favor of Plessy v. Ferguson, during which it permits segregation to be a jail. This alternative cause forbidding African Americans from sharing one thing with whites (known as "Jim Crow" legal […]

A Supreme Court Case: Brown V. Board of Education

A supreme court case known as Brown V. Board of Education was an issue where the judge ruled that segregation by race in schools was unlawful. As the article states, “separate but equal” is what the judge and non-colored individuals swear it’s what’s right. It all started in 1896 when the Supreme Court supported the Plessy v. Ferguson, allowing racial segregation to be legal. This decision lead to forbidding African Americans from sharing anything with whites (known as "Jim Crow" […]

3d Printed Guns It is Constitutional

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Brown V. Board: its Impact Today through Fatima Alsawafy’s Lens

Brown V. Board of education of Topeka was a landmark 1954 Supreme Court case in which the justices ruled unanimously that racial segregation of children in public schools was unconstitutional. In the 14th amendment, it states that all Americans are equal. Also, I think this case is important because one of the biggest effects of segregation are feeling less and mistaken. This case helped 17.9% of our modern African Americans to feel equal. Brown V. Board legal case was one […]

The Women’s Suffrage Campaign and 19th Amendment

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The First and Fourteenth Amendment

Without freedom of speech and equal protection, our country would be drastically different. There are two essential things to remember about the First Amendment protection of free speech. The main reason we have freedom of speech is to allow for public criticism of the government. Secondly, it important to remember is that the First Amendment protects us from the government doing things that try to refuse your freedom of speech, but not anyone else. What this means is that we […]

The Trial of Brown V. Board

“We conclude that, in the field of public education, the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal”. On May 17, 1954, a historic announcement was made by the United States Supreme Court. The outcome of this case was the pinnacle of outrage regarding the consequences of the Plessy v. Ferguson verdict. The trial of Brown v. Board of Education of Topeka disputed whether or not the segregation of United States public schools was […]

Constitution as a Guard against Tyranny

'The very heart and soul of this country' is what the American philosopher, Mortimer Adler, noted the constitution as. It is very uncommon occurrence to see a single document have such prestige and impact on a society for over two centuries. Nevertheless, the United States Constitution has done exactly that. The Framers were visionaries, who created the Constitution to withstand all adversity. To do this they made sure that the Constitution not only addressed the controversies of their time but […]

Essay on Brown Vs. Board of Education of Topeka

The case I have selected to research is Brown vs. Board of Education of Topeka, 347 U.S. 483. (1954). This case was a United States Supreme court case in the early 1950’s while segregation was still going on and racism was very common in the United States (Landmark cases, 2018). Facts of the Case The backstory of this case began with a woman named Linda Brown, who was a young African American student in Topeka, Kansas school district (Landmark Cases, […]

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Racial Segregation and American Education

Brown vs. Board of Education took place in 1954, during the civil rights movement and was by far one of the most important events that took place during that era. Brown v. Board of Education sparked a change in the world for equality, it fought to change the racial segregation of public schools during that time period. The NAACP ( National association for the advancement of colored people) was working hard to defend people in states such as South Carolina, […]

Case: Brown V. Board of Education, 1954

During the time period of 1954, a case known as the Brown vs. Board of Education was tremendously a cause in the countries society. Segregation of white and negro children in the public schools were severely unattainable by any school staff or parents. This doing was intentionally to make the students, specifically the negros, feel inferiority. When students feel inferior it affects the motivation of a child to learn. However, the fourteenth amendment guaranteed that, “equal protection of the laws.” […]

Brown Vs. Board of Education Summary

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Oliver Brown and School Segregations

Oliver Brown was a man who noticed that school segregations were not fair so he fought for what he believed in. This case started out in Topeka, Kansas because Brown’s daughter didn’t like the long route in order to attend her school yet she didn’t understand the reason since there was a school closer by. Her father decided to take matters into his own hands since he felt that this was unfair. The name of the girl was Linda Brown […]

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Brown vs. the Board of education was a group of five law cases that ended segregation in American public schools. The cases Brown v. Board of Education of Topeka, Belton v. Gebhart, Bolling v. Sharpe, Briggs v. Elliot and Davis v. County School Board of Prince Edward County have been grouped together and known collectively as Brown v. Board of Education. They have been thought of as one of the greatest court decisions made in the 20th century. The court […]

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The US Constitution: Creation Process Essay

The independence of the United States after the Revolutionary War began with the establishment of the Articles of Confederation. The Articles were “written in 1777 and stemming from wartime urgency, its progress was slowed by fears of central authority and extensive land claims by states” (History, 2021, para. 1). From these fears, several federal govern emerged, one of which is its inability to control commerce and foreign policy. The other exemplar issue was the lack of judicial authorities. While the first issue imbalanced the national economy, the second one prevented it from solving interstate disputes.

The Constitution that corrected the inefficiencies of the Articles of Confederation was created and established in the atmosphere of debate. One of the questions that made the politicians disagree was the scale of representation. It was not clear how much people should be involved in the federal government that presented the interests of each state. Some proposed equal representatives amount, while others highlighted the importance of population in the count (Corbett et al., 2014). The other question concerned the slaves: namely, slaveholders argued that the servants should have been counted in the population for a state to represent more power.

Finally, there was a hot discussion of the democracy place in the Constitution which divided the members of the Congress into Federalists and Anti-Federalists. The Federalists believed that the Constitution was a perfect way of establishing a strong federal government that would regulate the nation as a republic; its proponents include John Jay, Alexander Hamilton, and James Madison (Corbett et al., 2014). In turn, the Anti-Federalists argued that centralization was exceedingly dangerous for the freedom of the states and the citizens, which would lead to inequalities; such opinion was held by Melancton Smith (Corbett et al., 2014). In the end, the Constitution was approved, yet only a little more than half of the Congressmen supported it.

Corbett, P. S., Janssen, V., Lund, J. M., Pfannestiel, T., Waskiewicz, S., & Vickery, P. (2014). U.S. history . OpenStax. Web.

History. (2021). Articles of Confederation . Web.

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Guest Essay

The Constitution Won’t Save Us From Trump

By Aziz Rana

Mr. Rana is a professor of law at Boston College and the author, most recently, of “The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them.”

On Thursday, the Supreme Court gathered to consider whether Donald Trump, as president, enjoyed immunity from prosecution for attempting to overturn the 2020 election. Even if the justices eventually rule against him, liberals should not celebrate the Constitution as our best bulwark against Mr. Trump. In fact, the document — for reasons that go beyond Mr. Trump, that long preceded him and could well extend past him — has made our democracy almost unworkable.

For years, whenever Mr. Trump threatened democratic principles, liberals turned to the Constitution for help, searching the text for tools that would either end his political career or at least contain his corruption. He was sued under the Constitution’s emoluments clauses. He was impeached twice. There was a congressional vote urging Vice President Mike Pence to invoke the 25th Amendment to proclaim Mr. Trump unfit for office. More recently, lawyers argued that the states could use the 14th Amendment to remove Mr. Trump from the ballot because of his role in the Jan. 6 attack.

Each of these efforts has been motivated by a worthy desire to hold Mr. Trump accountable for his actions. Each of them has failed. As we head into the heat of an election season, we need to confront a simple truth: The Constitution isn’t going to save us from Donald Trump. If anything, turning the page on the man — and on the politics he has fostered — will require fundamentally changing it.

It is not just that Mr. Trump would never have been president without the Electoral College. Think about why those previous efforts to use the Constitution to hold Mr. Trump accountable failed. Impeachment processes collapsed in the Senate because it lopsidedly grants power to rural, conservative states. The Supreme Court was able not only to keep Mr. Trump on the ballot in Colorado, but also to narrow the circumstances in which disqualification could ever be used, because Republicans have been able to appoint a majority of the justices on the court, despite losing the popular vote in seven of the past eight presidential elections.

For years, liberals were squeamish about acknowledging these facts, perhaps out of habit. While most countries view their documents as rules for governing — rules that may become outdated and can be reworked if necessary — our own politicians routinely tell a story of American exceptionalism rooted in our Constitution. It is a sacred document that, as Barack Obama once put it , “launched America’s improbable experiment in democracy,” grounded on shared principles of equality, self-government and personal liberty.

In these Trump years, as polls have shown some Americans drifting away from those shared ideals, liberals are clinging even more tightly to the document as a symbol under threat.

A year and a half ago, for instance, when Mr. Trump called for the “termination” of existing election rules, liberals were understandably outraged. Representative Don Beyer of Virginia labeled him an “enemy of the Constitution.” Andrew Bates, a spokesman for the White House, proclaimed that “attacking” the “sacrosanct” document was “anathema to the soul of our nation.” The problem is that these pledges of constitutional fealty can’t substitute for actually convincing the public of the importance of inclusive democracy.

Rallying around the Constitution means embracing the very text that causes these pathologies. Its rules strengthen the hand of those indifferent or even opposed to the principle of one person, one vote. After all, those rules smooth the path for a Trumpian right to gain power without winning over a majority. And they throw up numerous roadblocks to accountability — even when presidents attempt to subvert elections.

The shock to the constitutional system that Mr. Trump represents didn’t start, and won’t end, with him. The best — and perhaps only — way to contain the politics around him is to reform government, so that it is far more representative of Americans. The goal is to keep authoritarians from ever again gaining power without winning a majority and stacking powerful institutions with judges and officials wildly out of step with the public. But this requires extensive changes to our legal and political systems, including to the Constitution itself.

We need new campaign finance laws and expanded voting rights. We need to end the Senate filibuster, eliminate the Electoral College, combat gerrymandering and partisan election interference, adopt multi-member House districts and add new states like Washington, D.C. We need to reduce the power of the Senate, perhaps even moving toward a more ceremonial “ council of revision ,” as Jamelle Bouie has proposed.

Such reform requires pushing back against the extreme power of the Supreme Court through measures like judicial term limits and expansion of the size of the court. And an easier amendment process would give Americans the power to update their institutions and incorporate new rights into the document, rather than having to rely only on what judges decide.

No doubt these changes can seem politically unfeasible. But it would behoove Americans concerned about the dangers posed by Mr. Trump to take seriously such a comprehensive agenda, if for no other reason than because many on the right are already working on constitutional reforms of their own.

Groups like the Convention of States (which counts Gov. Ron DeSantis of Florida as a vocal supporter) have succeeded in getting 19 of the 34 states required under Article V of the Constitution to agree to convene a new constitutional convention. The Convention of States package of potential changes includes giving “a simple majority of the states” the ability “to rescind actions by Congress, the President, or administrative agencies,” empowering Republican officials to nullify any policies they oppose, regardless of whether those policies enjoy vast national support. As David Pozen of Columbia Law School has written , the right has even figured out how to run this second convention in a way that would ensure that state officials, again disproportionately Republicans, control what gets proposed and how voting proceeds.

These efforts will persist even if Mr. Trump is no longer on the political stage. And so long as liberals refuse to confront what needs to be done to fix the Constitution, his supporters and groups like the Convention of States will control that debate.

It now falls to Americans to avoid learning the wrong lessons from this moment. Mr. Trump may lose at the ballot box or be convicted in one of the four criminal cases he faces, including the one that started this month in Manhattan. If he is held accountable, it will not be because the Constitution saved us, given all its pathologies.

Aziz Rana is a professor of law at Boston College and the author, most recently, of “The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them.”

The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips . And here’s our email: [email protected] .

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