Overview

This multi-post series on the 🇺🇸 US Constitution covers the document itself, the history surrounding it, and offers critical thoughts after over two centuries of constitutional government. The full text of the Constitution may be accessed online.

Part I

This post offers a brief overview of the structure and key points of the US Constitution. Amendments will be documented in a future post. Greater discussion and critique will be applied in future posts, too.

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. Legislative Branch #

Section 1 - The Legislature #

All legislative power is vested in a Congress, which consists of the Senate and House of Representatives.

Section 2 - House of Representatives #

Representatives are elected every second year by the people of each state. Representatives must be at least twenty-five (25) years old, a citizen of the United States for at least seven (7) years, and an inhabitant of the state they are elected to represent.

A census must be conducted every ten (10) years to enumerate the population for the purpose of apportioning representation.

States are guaranteed at least one representative.

In case of vacancy, the Executive officer of such state may fill such vacancy (subject to the legislation of that state).

The House of Representatives must choose their speaker and other officers, and have the sole power of impeachment.

Section 3 - Senate #

Two Senate is composed of two (2) Senators from each state. A senator’s term is six (6) years.

Senators are organized into three classes, such that the elections of the Senate are staggered by two (2) years and only about a third of the Senators are up for reelection in any given election.

Senators must be at least thirty (30) years old, a citizen of the United States for at least nine (9) years, and an inhabitant of the state they are elected to represent.

The Vice President serves as President of the Senate, and may only cast a tie-breaking vote.

The Senate shall choose their own officers, including a President pro tempore to serve in the absence of the Vice President.

The Senate has the sole power to try all impeachments. To do so, they must sit under oath or affirmation. If the trial is of the President, the Chief Justice shall preside. Two-thirds concurrence is required for conviction. If successfully convicted, the officer may be removed from office and disqualified from holding any office.

Section 4 - Elections and meetings #

Each state shall prescribe the time, place, and manner of holding elections for Senators and Representatives, but Congress may make or alter such regulations.

Congress must assemble at least once every year.

Section 5 - Membership, rules, journals, adjournment #

Each house may adopt its own rules for membership, compel members to attend, decide how many makes a quorum, determine its own rules for proceedings, punish members for disorderly behavior, and expel a member with concurrence of two-thirds.

Each house must keep a journal documenting its proceedings (except for parts they deem to require secrecy), and must record the votes if one-fifth of members request it.

Neither house, without consent of the other, may adjourn for more than three days; and neither may adjourn to a place other than the Seat of Government.

Section 6 - Compensation #

Senators and Representatives shall receive compensation for their term.

Except for treason, felony, or breach of the peace, members may not be arrested while attending a Congressional session, or traveling to or from such session. Members may not be arrested or charged for speech or debate in either house.

Members of Congress may not serve or be appointed to any civil office under the United States, and vice versa. Effectively, one cannot simultaneously be a member of both the executive and legislative branches.

Section 7 - Revenue bills, legislative process, Presidential veto #

All bills for raising revenue must originate in the House of Representatives.

A bill must be passed by both the House and Senate before being considered signed into law by the President, who shall have veto power. A veto may be overridden by two-thirds of each house of Congress.

Section 8 - Powers of Congress #

Congress is given a broad range of powers (in what amounts to be the longest section of the longest article of the Constitution):

• lay and collect taxes, duties, imposts and excises in order to pay debts and provide for the common defense and general welfare
• borrow money on the credit of the United States
• regulate commerce with foreign nations, among the states, and with Indian tribes
• establish rules for citizenship
• establish laws on bankruptcy
• coin money and regulate its value
• provide for the punishment of counterfeiting
• establish post offices and post roads
• promote progress of science and arts by providing for intellectual property protections
• constitute inferior courts (inferior to the Supreme Court)
• define punishment for piracy and felonies on the high seas
• declare war
• grant letters of marque and reprisal
• make rules concerning captures on land and water
• raise and support armies (the funding of which may not be provided for more than two years)
• provide and maintain a navy
• establish rules for the regulation of land and naval forces
• provide laws for calling into service the militia to execute laws, suppress insurrections, and repel invasions
• raise and regulate the militia
• exercise legislative authority over the Seat of Government (i.e. District of Columbia)
• exercise legislative authority over federal property, including forts, magazines, arsenals, dockyards, and other facilities
• make laws deemed necessary and proper for carrying into execution the aforementioned powers

Section 9 - Limits on Congress #

Congress may not, prior to the year 1808, prohibit states from importing slaves.

Habeas Corpus may not be suspended, unless when rebellion or invasion requires it to be.

Congress may not pass bills of attainder (i.e. an act of legislation declaring a person or group guilty), or ex post facto laws (i.e. after-the-fact laws that makes one guilty for past actions).

Congress may not levy taxes or duties upon goods exported by any state.

Congress may not give preference to the ports of one state over another. Vessels to or from one state may not be obligated to enter, clear, or pay duties in another state.

Money may only be spent by the Treasury when it has been appropriated in law by Congress.

The United States may not grant any title of nobility.

No person holding office in the United States may accept any present, emolument, office, or title from a foreign state without the consent of Congress.

Section 10 - Powers prohibited of states #

States may not:

• enter into treaties, alliances, or confederations
• grant letters of marque or reprisal
• coin money
• emit bills of credit
• make anything other than gold and silver coin a tender in payment of debts
• pass bills of attainder or ex post facto laws
• pass laws impairing the obligation of contracts
• grant titles of nobility

States may not, without the consent of Congress, lay imports or duties on imports or exports except for an amount absolutely necessary to pay for its inspection laws. Such revenues may be used by the Treasury, and laws to this effect are subject to the revision and control of Congress.

States may also not, without the consent of Congress:

• lay duty of tonnage
• keep troops or ships of war in time of peace
• enter into any agreement or compact with another state
• enter into treaty with a foreign power
• engage in war, except in cases of actual invasion or imminent danger

Article II. Executive Branch #

Section 1 - The President #

Executive power is vested in a President of the United States. He and the Vice President may hold this office for a term of four years.

The President and Vice President are chosen by electors. Electors are appointed by the states (as their legislation directs). The number of electors a state has is equal to the number of senators and representatives the state has. The procedure then described has since been superseded by the 12th amendment, but generally whoever earned the most electors became President, and whoever placed second would become Vice President, with contingencies laid out for if a candidate doesn’t earn a majority, or if there is a tie.

Congress may determine rules surrounding the time of choosing electors and time in which they cast their vote. These times apply equally across the United States.

Only natural born citizens (or citizens of the United States, at the time of adopting the Constitution) are eligible to the Office of President. Additionally, such person must be at least thirty-five (35) years old, and have been a resident of the US for at least fourteen (14) years.

The President receives a compensation for his time in office which may not be increased or diminished during his term. He may not receive any other emolument (e.g. gift, payment, stipend, etc.) from the United States or any of the states during his term.

The President must take the following oath or affirmation “before he enter on the Execution of his Office”:

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 - Powers, military, cabinet, and appointments #

The President is the Commander in Chief of the United States military, and of the militia of the states when called into service of the United States.

The President may seek advice of principal officers of executive departments (i.e. the Cabinet).

The President has the power to grant reprieves and pardons for offenses against the United States, except for cases of impeachment.

The President, with advice and consent of the Senate, may enter treaties, appoint ambassadors and other ministers or consuls, appoint judges to the Supreme Court, and appoint other officers of the United States. Congress may allow for appointments to inferior offices to pass through either the President alone, courts of law, or heads of departments.

The President has the power to fill vacancies during recess of the Senate. Such recess appointments expire at the end of the Senate’s next session.

Section 3 - State of the Union and convening Congress #

The President shall, “from time to time”, give a State of the Union update to Congress, and recommend measures he deems proper for their consideration.

He may convene either house of Congress, or both of them.

If the houses of Congress are not able to agree on adjournment, the President may adjourn them until he thinks proper.

The president shall:

• receive ambassadors and other public ministers,
• take care that the laws be faithfully executed, and
• commission all the officers of the United States

Section 4 - Disqualification #

The President, Vice President, and all civil officers of the United States, may be removed from office in cases of impeachment and conviction for treason, bribery, and “other high Crimes and Misdemeanors”.

Article III. Judicial Branch #

Section 1 - Judicial powers #

The Supreme Court is established and vested with judicial power.

Inferior courts, as Congress may ordain, may also exercise judicial power (see Article I, Section 8: “To constitute Tribunals inferior to the supreme Court”).

Judges of any of the above courts may hold office during “good Behavior” and shall receive a compensation that may not be diminished during their time in office.

Section 2 - Trial by jury, jurisdiction #

The Supreme Court gets original jurisdiction over cases affecting ambassadors, other public ministers, consuls, and those in which a state is a party.

In all other cases, the Supreme Court gets appellate jurisdiction, but under regulations that Congress may prescribe.

Criminal trials, except impeachments, are held by jury in the state in which the crime has been committed. If a crime takes place outside a state (e.g. a territory), Congress has the say over where such trials should take place.

Section 3 - Treason #

“Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.”

Convictions of treason are invalid unless supported by testimony of two witnesses, or by confession.

There is no particular punishment for treason. Congress may, through legislation, declare the punishment for such act.

Article IV. States #

Section 1 - Full faith and credit #

States must give “full Faith and Credit” to public acts, records, and judicial proceedings of every other state. In other words, states must respect the sovereignty and acts of other states.

Section 2 - State citizenship and extradition #

Citizens of one state are entitled to those privileges and immunities in the other states.

States must comply with extradition requests, in cases of treason, felony, or other crime, to return person(s) charged with said crime who are fleeing justice.

States must respect slave laws of other states. Free states may not free fugitive slaves. (This clause would later be superseded by the 13th amendment.)

Section 3 - New states #

New states may be admitted into the Union, but Congress gets to decide.

States coming into being through the combination of two or more states, or parts of those states, or the partition of one or more states, requires approval by both Congress (previous clause) and the state legislatures of the states involved.

Section 4 - Republican government #

The federal government guarantees a Republican form of government to each state in the Union.

The federal government shall protect each state against invasion, and shall also offer protection from domestic violence if the state requests aid.

Article V. Amendment #

Amendments to the Constitution may be offered via one of two procedures:

1. Two-thirds of both houses of Congress offer an amendment
2. Two-thirds of state legislatures call for a constitutional convention (this has never happened)

Ratification of such amendments likewise have two avenues:

1. Three-quarters of the state legislatures approve
2. Three-quarters of conventions held by the states approve

No amendment may affect the status of slavery prior to the year 1808.

No amendment may deprive a state of “equal Suffrage” in the Senate.

Article VI. Debts, Supremacy, Oaths #

Debt - The United States (as established by the adoption of this Constitution) will effectively absorb and be responsible for any debts contracted against the Confederation (as existed under the Articles of Confederation).

Supremacy - The Constitution and laws of the United States are the supreme law of the land. The states and judges of those states are bound by it.

Oaths - Public officials, including senators and representatives, members of state legislatures, executive and judicial officers of the US and states, are all bound by oath or affirmation to support the Constitution. Additionally, no religious test may be required to hold office.

Article VII. Ratification #

The Constitution will be established and in full effect among the ratifying states should nine of them ratify it in state conventions.

The Constitution is an immensely important document for the United States, both in terms of its historical significance as well as our cultural heritage. Its words and principles (flawed, and sometimes misunderstood) are deeply woven into American life and culture.

The post above provides a summary of the Constitution. In future posts I’ll provide an overview of the amendments, discuss the history surrounding the convention, highlight the parallels and differences between the Declaration of Independence and Constitution, and discuss some thoughts and critique I have. Stay tuned!

Thoughts or comments on this post? Send me an email at greg@greglang.me!