Preamble:
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common 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.
Article. I.
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This article establishes the legislative branch of the federal government, which is the U.S. Congress. It outlines the powers and responsibilities of Congress, including the House of Representatives and the Senate, and details the process of making laws.
Section. 1.
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 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 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.
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.
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.
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.
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.
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 an 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.
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.
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.
Article. II.
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This article establishes the executive branch of the federal government, which is headed by the President of the United States. It outlines the powers and duties of the President, including serving as Commander-in-Chief of the military and executing laws passed by Congress.
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Section. 1.
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 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.
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."
Section. 2.
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.
Section. 3.
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.
Section. 4.
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.
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Article. III.
This article establishes the judicial branch of the federal government, which includes the Supreme Court and other federal courts. It outlines the authority of the judiciary to interpret laws, settle disputes, and ensure justice is administered fairly.
Section. 1.
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.
Section. 2.
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.
Section. 3.
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.
Article. IV.
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This article establishes the judicial branch of the federal government, which includes the Supreme Court and other federal courts. It outlines the authority of the judiciary to interpret laws, settle disputes, and ensure justice is administered fairly.
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Section. 1.
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.
Section. 2.
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.
Section. 3.
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.
Section. 4.
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.
Article. V.
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This article outlines the relationships between states and the federal government. It ensures that each state respects the laws and judicial decisions of other states and guarantees certain rights to individuals, such as the right to travel freely between states.
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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.
Article. VI.
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This article explains the process for amending the Constitution. It provides guidelines for proposing and ratifying amendments, ensuring that changes to the Constitution are made deliberately and thoughtfully.
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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.
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This article establishes the supremacy of the Constitution as the "supreme law of the land." It also emphasizes the importance of upholding the Constitution and federal laws, even in the face of conflicting state laws or practices.
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The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
The Word, "the," being interlined between the seventh and eighth Lines of the first Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.
Attest William Jackson Secretary
done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,
G°. Washington
Presidt and deputy from Virginia
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When explaining each article of the U.S.
Constitution, it's important to note that the U.S. Constitution is divided into seven articles, each addressing different aspects of government structure and functionality:
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Article I of the U.S. Constitution establishes the Legislative Branch of the federal government. Section 1, the Legislative Vesting Clause, provides that all federal legislative powers are vested in the Congress. As the Supreme Court stated in 1810, [i]t is the peculiar province of the legislature to prescribe general rules for the government of society. One influential legal scholar in 1826 described [t]he power of making laws as the supreme power in a state. As discussed elsewhere, however, the Founders limited Congress’s power by only vesting the legislative powers herein granted by the Constitution, by creating a bicameral legislature, and by creating checks in the other branches.
Section 2 of Article I outlines the makeup and certain unique powers of the House of Representatives, and Section 3 does the same for the Senate. Sections 4 through 6 address procedural matters common to the two Houses, including elections, assembly and adjournment, legislative procedures, and certain privileges and limitations on Members.
As mentioned, the Constitution does not grant Congress plenary legislative power but only certain enumerated powers. Sections 7 and 8 outline the exercise of those enumerated powers. Section 7 addresses the procedures for enacting legislation, including special provisions for bills raising revenue, and the general requirements of bicameralism and presentment—the need for a bill to pass both Houses of Congress and be presented to the President for signature. Section 8 enumerates Congress’s specific legislative authorities, including the power to tax and spend, to borrow money, to regulate interstate commerce, to establish uniform rules on naturalization and bankruptcy, to coin money, to punish counterfeiters, to establish post offices, to regulate intellectual property, to establish courts, to punish maritime crimes, to declare war, to raise and support armies, to govern enclaves, and to make other laws necessary and proper for executing these enumerated powers.
Section 9 denies certain powers to Congress, including by restricting the slave trade; generally denying the ability to suspend the writ of habeas corpus; prohibiting bills of attainder and ex post facto laws; restricting direct taxes, export taxes, and appropriations; prohibiting ports preferences; and prohibiting titles of nobility and foreign emoluments. Section 10 denies certain powers to the states, including by preventing states from entering into treaties, issuing bills of credit or coining money; prohibiting bills of attainder, ex post facto laws, or laws impairing the obligations of contracts; and by restricting states’ ability to impose duties on imports or exports. Section 10 also provides that states may not take certain actions without Congress’s consent, including laying duties of tonnage, keeping troops or engaging in war, or entering into compacts with other states or foreign powers.
**Article 2**:
Article II of the U.S. Constitution establishes the Executive Branch of the federal government.
The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President. Section 3 of Article II further requires the President to take Care that the Laws be faithfully executed. The executive power thus consists of the authority to enforce laws and to appoint the agents charged with the duty of such enforcement. The President also has distinct authority over foreign affairs, and alone has the power to speak or listen as a representative of the nation. As a general matter, the Supreme Court has recognized that the Constitution vests the President not only with the authorities expressly delineated therein, but also with certain implied authorities, such as the ability to supervise (and generally to remove) executive officials and the power to recognize foreign governments. At the same time, the Court has said that by granting the President the power of faithfully executing the laws, the Constitution refutes the idea that the President was intended to be a lawmaker. Nonetheless, the Court has recognized that officials appointed by the President—even those located within the Executive Branch—may exercise regulatory or adjudicative powers that are quasi-legislative or quasi-judicial. Broadly, the Court has recognized that Executive Officers exercise authority to enforce and administer the laws, including rulemaking, administrative determinations, and the filing of lawsuits.
The remaining provisions of Article II’s Section 1 primarily outline the election of the President, including the establishment of the electoral college. Relatedly, Section 1 sets out the qualifications of the President, the oath of office, and compensation. Section 1 also creates succession provisions in the event of a President’s removal or other inability to act, although the relatively sparse language in Clause 6 was later supplemented by the Twenty-Fifth Amendment and the Presidential Succession Act.
Sections 2 and 3 define specific presidential powers and duties. Section 2, Clause 1 describes exclusive presidential powers: namely, the Commander in Chief authority, the power to require written opinions from the heads of executive departments, and the pardon power. Clause 2 defines the powers that the President shares with Congress, outlining the treaty-making power and the appointment power. Clause 3 expands on appointments by granting the President the power to unilaterally make temporary appointments during Senate recess. Section 3 requires the President to give Congress information on the state of the union. It also authorizes the President to recommend legislative measures and in extraordinary circumstances convene or adjourn Congress. Section 3 further grants the President the power to receive ambassadors and other public ministers. And as previously mentioned, Section 3 contains the Take Care Clause, requiring the President to ensure that the laws are faithfully executed.
Section 4 provides that the President—and all other civil Officers of the United States—may be removed from office if impeached and convicted on charges of Treason, Bribery, or other high Crimes and Misdemeanors. Article I contains further provisions bearing on impeachment procedures and judgments.
As discussed elsewhere, Article I also contains some provisions bearing on presidential authority, perhaps most notably the President’s authority to approve or veto legislation.
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Article III of the U.S. Constitution establishes the Judicial Branch of the federal government.
Section 1 of Article III, known as the Judicial Vesting Clause, confers the federal judicial power on one supreme Court and such inferior Courts as the Congress may from time to time ordain and establish. Through that language, the Constitution’s Framers ensured the existence of a federal Supreme Court but left to Congress the decision of whether to establish lower federal courts. The first Congress established lower federal courts in the first legislation related to the Federal Judiciary. As the Nation expanded, Congress legislated to expand and restructure the Article III Judiciary and also periodically created other tribunals known as Article I courts or legislative courts.
While Article III grants Congress significant authority to establish and structure federal courts, it also imposes key limitations designed to ensure the independence of the Judiciary. Article III, Section 1 provides that federal judges shall hold their Offices during good Behaviour,which the Supreme Court has interpreted to grant federal judges life tenure, unless they voluntarily resign or are impeached and removed from the bench. Section 1 also provides that federal judges shall receive compensation for their work, which shall not be diminished during their Continuance in Office. That provision prevents Congress from punishing unpopular judicial decisions by docking judges’ pay.
Article III, Section 2, Clause 1 authorizes the creation of federal courts with limited jurisdiction, providing that the judicial Power shall extend to certain enumerated categories of Cases and Controversies. Among other things, the Clause provides for federal court jurisdiction over cases arising under the Constitution or the laws or treaties of the United States (sometimes called federal question jurisdiction) and controversies between citizens of different states (known as diversity jurisdiction). Article III, Section 2, Clause 2 grants the Supreme Court original jurisdiction over a subset of federal cases, meaning that litigants may commence those cases in the Supreme Court rather than beginning the cases in a state court or a lower federal court and reaching the Supreme Court on appeal, if at all. The Constitution’s grant of Supreme Court original jurisdiction is self-executing, meaning that Congress need not enact legislation to implement it. None of the other grants of federal court jurisdiction are self-executing, however, so the lower federal courts can only hear cases to the extent Congress enacts legislation authorizing them to do so. The Supreme Court has interpreted Article III as setting the outer bounds of federal court jurisdiction: Congress cannot grant jurisdiction beyond what Article III authorizes, but is not required to grant the federal courts the full authority it might choose to confer consistent with the constitutional authorization.
The Supreme Court has also construed Article III to impose certain justiciabilityrequirements that may limit federal courts’ ability to hear cases that would otherwise fall within their jurisdiction. Among other limitations, federal courts may not issue advisory opinions.Relatedly, every federal court plaintiff must demonstrate standing to sue, which requires that the plaintiff possess a concrete and personal stake in the outcome of the case. Federal courts may not hear cases that are not ripe for decision because the dispute has not developed enough for a court to decide the issues presented effectively or those that have become moot and no longer present a live controversy. The courts also cannot hear political questions best entrusted to the other branches of government and generally avoid deciding constitutional questions when a case can be resolved on other grounds.
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**Article 4**:
Article IV of the U.S. Constitution is sometimes called the States’ Relations Article.
It contains several provisions concerning the federalist structure of government established by the Constitution, which divides sovereignty between the states and the National Government.
Sections 1 and 2 concern the states’ relationships with each other. Section 1 is referred to as the Full Faith and Credit Clause, and requires states to recognize the public acts, records, and judicial proceedings of other states; for example, states must generally give effect to judgments issued by an out-of-state court. Section 2 addresses interstate comity, that is, harmony and cooperation among the states. Its first clause grants the citizens of each state the privileges and immunities of the citizens of other states, preventing states from discriminating against non-residents in favor of their own citizens. Its second clause addresses when a person accused of a crime flees from one state to another, requiring the state where the fugitive is found to return him to the state where he has been charged with a crime, upon proper demand.
Sections 3 and 4 concern the states’ relationships to the National Government. Section 3 grants Congress two important powers: to admit new states into the union, and to govern federal territories and property. Through Section 4, known as the Guarantee Clause, the United States promises to protect the states against foreign invasion and domestic insurrection, and to ensure that each state has a Republican Form of Government.
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**Article 5**: This article sets forth procedures for amending the Constitution.
Most of the Article’s text addresses the proposal and ratification of amendments. Two sentences at the end of the Article make certain subjects unamendable. Since the Founding, Congress has used Article V’s procedures to propose thirty-three constitutional amendments. The states have ratified twenty-seven of these proposed amendments, which include the first ten amendments, known as the Bill of Rights, thereby making them part of the Constitution.
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**Article 6**: Article VI establishes that the Constitution, U.S. laws, and treaties made under the authority of the United States are the Nation’s supreme law and are binding on state judges notwithstanding any state constitution or law.
Article VI also expressly provides that the new U.S. government established under the Constitution remained bound by the obligations of the predecessor governments established under the Articles of Confederation and Continental Congresses. In addition, Article VI provides that federal and state executive and judicial officers as well as members of federal and state legislatures shall take an oath to support the Constitution. Finally, Article VI expressly bars using religious tests as a qualification to hold any Office or public Trust under the United States.
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**Article 7**: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.
In Owings v. Speed1 the question at issue was whether the Constitution operated upon an act of Virginia passed in 1788. The Supreme Court held it did not, stating in part:
The Conventions of nine States having adopted the Constitution, Congress, in September or October, 1788, passed a resolution in conformity with the opinions expressed by the Convention, and appointed the first Wednesday in March of the ensuing year as the day, and the then seat of Congress as the place, ‘for commencing proceedings under the Constitution.'
Both Governments could not be understood to exist at the same time. The New Government did not commence until the old Government expired. It is apparent that the government did not commence on the Constitution being ratified by the ninth State; for these ratifications were to be reported to Congress, whose continuing existence was recognized by the Convention, and who were requested to continue to exercise their powers for the purpose of bringing the new Government into operation. In fact, Congress did continue to act as a Government until it dissolved on the 1st of November, by the successive disappearance of its Members. It existed potentially until the 2d of March, the day proceeding that on which the Members of the new Congress were directed to assemble.
The resolution of the Convention might originally have suggested a doubt, whether the government could be in operation for every purpose before the choice of a President; but this doubt has been long solved, and were it otherwise, its discussion would be useless, since it is apparent that its operation did not commence before the first Wednesday in March 1789 . . . .