Constitution Overview in the United States
Constitution of the United States Overview
The Constitution spells out in six articles (sections) the powers of the federal government and the states. Later amendments expanded some of these powers and limited others. The Constitution prevents tyrannical abuses of authority through the separation of powers: Each branch of government has its own responsibilities and cannot take action in areas assigned to the other branches. Congress enacts laws, leaving enforcement of the laws to the executive branch and interpretation of them to the judicial branch.
The Constitution does not include the term separation of powers. The first three articles establish the separation mechanism and mark out areas of responsibility for each branch of government. Article I vests (places) the legislative power of the federal government in Congress. Only Congress can enact general laws applicable to all the people, such as outlawing counterfeiting or promoting a national environmental policy.
Article II vests the executive power in the president, including the authority to appoint federal officials and to prosecute federal crimes. Congress cannot decide whether a particular person should be brought to trial for violating the law. Only the executive branch has that authority.
Article III vests the federal judicial power, including the power to conduct trials, in the Supreme Court and in other federal courts that Congress creates. Neither Congress nor the president or executive branch officials can declare a person guilty. Only a judge or jury can make these decisions.
No member of Congress may serve simultaneously as a member of the executive branch. This separation differs strikingly from the British practice, in which the prime minister and other executive officials are also members of Parliament.
The Constitution divides governmental powers in other ways, both within the federal government and between the federal government and the states. Article I splits the legislative power by creating a bicameral (two-chamber) legislature – the House of Representatives and the Senate. This article also details the specific powers that Congress can exercise, including imposing taxes, maintaining a military, and setting import duties. Congress cannot exercise powers not enumerated (listed) in the Constitution. Article I, however, grants Congress the right to make laws that it deems “necessary and proper” to carry out the enumerated powers. This implied power gives Congress wide leeway in lawmaking.
The Constitution leaves other powers to the states to exercise at their discretion, with two exceptions. First, Article VI says the Constitution is the “supreme law,” so the states cannot make laws that conflict with federal laws. Second, the Constitution guarantees to the people certain civil liberties (the right to be free of government interference) and civil rights (the right to be treated as a free and equal member of the country).
These liberties and rights are spelled out primarily in the Bill of Rights and in the 13th, 14th, 15th, and 19th amendments. Civil liberties include such cherished American freedoms as the freedom of speech, press, and religion, and the right to a fair trial. Civil rights include the right to vote and to be treated equally regardless of race or ethnic origins.
By dividing and limiting various governmental powers, the Constitution creates a system of checks and balances. If one branch threatens to become too powerful, other branches may act to block or thwart it. For example, if the president steps beyond his or her powers, Congress can refuse to provide funds, or the courts can rule the president’s actions unconstitutional. (1)
Leave a Reply