An examination "We, the People" and of the Legislative, Judicial and Executive Branches of government as outlined in the Constitution.
The Preamble the unique status of the American people in creating their new government:
It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, 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 institutions on accident and force.
Congress is the only branch of the U.S. government that existed prior to the Constitution, although it took a different form. The framers of the Constitution expected that Congress would overshadow the newly created executive and judicial branches, and they spelled out its powers in considerable detail. They also placed explicit limits on the powers of Congress, to balance its weight against the other branches. Thus, Article I is the longest part of the Constitution—longer than Articles II and III combined, which cover both the executive and the judiciary.
Article I contains the laundry list of federal powers—among them to collect taxes, borrow money, regulate commerce, establish post offices, and declare war. It also allows Congress to make all laws “necessary and proper” for carrying out the powers specifically granted, a broad source of authority in the modern regulatory state. Article I holds two compromises that were essential to the formation of the Union: equal representation of the states in the Senate, and the valuation of a slave as three-fifths of a person.
Article 2: The Executive Branch
The duty of the executive branch is to enforce the laws. As a result of increasing federal regulation, the executive is by far the largest branch of government. It consists not only of the president, the vice president, and the cabinet officers, but also more than three million civilian and military employees. The primary responsibility of the president, and the entire executive branch, is best expressed in Section 3 of Article II: “He shall take care that the laws be faithfully executed.”
Article II focuses almost exclusively on the president. It sets forth how the president is to be selected, through the electoral college. Article II also describes presidential powers—among them commanding the armed forces, negotiating treaties, and nominating justices of the Supreme Court. And, if the president has committed “high crimes and misdemeanors,” Article II allows him or her to be impeached and removed from office.
Article 3: The Judiciary
he duty of the judicial branch is to interpret the laws. Or, in the words of Chief Justice John Marshall, “to say what the law is.” Article III has been interpreted by the Supreme Court to give the judiciary the power to declare acts of the president or Congress unconstitutional. This power, known as judicial review, gives American courts much more influence than in other countries.
Article III is the shortest, and least specific, of the constitutional provisions establishing the three branches of government. The framers of the Constitution spent far less time—and debate—on the judiciary than Congress or the president. Yet the power of unelected judges to overturn laws in a democracy has become one of the most controversial issues in American government.
An examination "We, the People" and of the Legislative, Judicial and Executive Branches of government as outlined in the Constitution.
The Preamble the unique status of the American people in creating their new government:
It has been frequently remarked that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, 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 institutions on accident and force.
Article I; The Legislative Branch
Congress is the only branch of the U.S. government that existed prior to the Constitution, although it took a different form. The framers of the Constitution expected that Congress would overshadow the newly created executive and judicial branches, and they spelled out its powers in considerable detail. They also placed explicit limits on the powers of Congress, to balance its weight against the other branches. Thus, Article I is the longest part of the Constitution—longer than Articles II and III combined, which cover both the executive and the judiciary.
Article I contains the laundry list of federal powers—among them to collect taxes, borrow money, regulate commerce, establish post offices, and declare war. It also allows Congress to make all laws “necessary and proper” for carrying out the powers specifically granted, a broad source of authority in the modern regulatory state. Article I holds two compromises that were essential to the formation of the Union: equal representation of the states in the Senate, and the valuation of a slave as three-fifths of a person.
Article 2: The Executive Branch
The duty of the executive branch is to enforce the laws. As a result of increasing federal regulation, the executive is by far the largest branch of government. It consists not only of the president, the vice president, and the cabinet officers, but also more than three million civilian and military employees. The primary responsibility of the president, and the entire executive branch, is best expressed in Section 3 of Article II: “He shall take care that the laws be faithfully executed.”
Article II focuses almost exclusively on the president. It sets forth how the president is to be selected, through the electoral college. Article II also describes presidential powers—among them commanding the armed forces, negotiating treaties, and nominating justices of the Supreme Court. And, if the president has committed “high crimes and misdemeanors,” Article II allows him or her to be impeached and removed from office.
Article 3: The Judiciary
he duty of the judicial branch is to interpret the laws. Or, in the words of Chief Justice John Marshall, “to say what the law is.” Article III has been interpreted by the Supreme Court to give the judiciary the power to declare acts of the president or Congress unconstitutional. This power, known as judicial review, gives American courts much more influence than in other countries.
Article III is the shortest, and least specific, of the constitutional provisions establishing the three branches of government. The framers of the Constitution spent far less time—and debate—on the judiciary than Congress or the president. Yet the power of unelected judges to overturn laws in a democracy has become one of the most controversial issues in American government.
Article IV: The States
rticle IV governs the relationships among the states. Under the Articles of Confederation, the states treated one another like independent sovereign nations, but under the Constitution states had to respect one another’s court decisions and laws. From marriage and divorce, to criminal prosecutions, to the status of slaves, the states were bound to acknowledge the validity of another state’s laws even when they disagreed with the outcome.
Article 5:
According to Article VI, the Constitution and laws of the United States are “the supreme law of the land.” Both state and federal officials, including judges, must take an oath to support the Constitution, even if state law contradicts it. Unlike the Articles of Confederation, the Constitution trumps state power. However, the Constitution also protects the powers of the states in many ways. This system of federalism, in which the national and state governments share power, is a key feature of American government. Article VI also guarantees a measure of religious freedom by banning religious tests for public office.
Sources:
The Interqactive Constitution
http://www.constitutioncenter.org/constitution/
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