The Constitution of the United States is the first constitution in the world. This constitution set the tone for the creation of new states. The ideals of freedom and equality are reflected in its lines. So today we will talk about the US constitution as its constitution has promoted America as a prosperous and powerful nation.
Structure of the Constitution of the United States
The Constitution of the United States is one of the magna cartas that has had the most impact in the history of the world. Its preparation and ratification by each of the Länder is an example of democracy ahead of its time.
However, this constitution has undergone changes over time. There are currently 27 amendments to the original constitution.
The original Constitution has 7 articles which define the fundamental aspects of the Federal Government of the United States. Below, we will give a brief description of the characteristics of each of these articles of the Constitution of the United States.
Article 1 – About the legislative power
It describes all the functions, powers, and structures that will become the legislative branch of the United States. The article includes the structure of the United States Congress by establishing a bicameral congress.
This congress will have the house of representatives and the senate as legislative structures. This article also sets out how its members will be elected and the qualifications they must have to be eligible.
In addition, the power of congress is limited and the corresponding processes for the legislative process are outlined.
Article 2- The executive branch
Article 2 sets out everything related to the executive branch. This includes everything about the figures of the president and vice president. This part of the constitution indicates the procedures for the election of president and vice president and the requirements to be met by applicants.
Additionally, this article specifies issues such as succession in the event of death or disability, as well as the processes for removal of the president known as impeachment.
Article 3 – On the judiciary
This article is the constitutional basis of the judiciary of the United States of America. These articles create the Supreme Court of the United States and limit the scope in which federal justice can act. The areas in which the federal courts may act are:
- Crimes of a federal nature.
- Trials on diplomatic grounds
- Maritime trials
- Trials in which the two parties states of the union.
- Lawsuits between citizens of two different states.
- Lawsuits with foreign states.
It also limits the fact that states cannot be sued by individuals in federal courts. These must be sued in state courts directly.
The last point that this article regulates is related to the crime of treason. This definition differs considerably from the English definition of treason and its consequences.
Article 4 – The power of states and their limits.
Article 4 describes how states relate to their citizens, to each other, and to federal power.
It states that the States of the Union may not discriminate in any way against the citizens of other states. This applies both in rights and penalties for crimes committed.
It also requires states to have full faith in the records and procedures of other states. However, it also establishes that congress may issue guidelines on such records and procedures. This also provides for the extradition of criminals between the Member States of the United States.
Finally, one of the aspects also regulated by this article is the way in which new states can be admitted to join to the United States. It is one of the articles guaranteeing the form of federal government in the U.S. Constitution.
Article 5 – On the process of amending the Constitution of the United States.
This article is key to the evolution of the U.S. Constitution. Article 5 establishes the mechanisms and procedures for amending the constitution.
The U.S. Constitution establishes two mechanisms for amending the Constitution, which are:
- Amendment proposed by Congress: With two-thirds of the congressional quorum, an amendment may be proposed. This must happen in both the House and Senate.
- Amendment proposed by the legislative bodies of the states of the union: State legislative bodies may with two-thirds of the votes request congress to convene a national convention to consider an amendment. This is mandatory for congress.
Despite the existence of both mechanisms, all amendments have been requested through the first mechanism.
Proposed amendments resulting from discussions at the congress or national convention require approval. For its approval, 75% of the states are required to ratify the amendment.
This article has only one limitation and that is that no amendment can eliminate equal representation in that state’s senate without that state’s consent.
Article 6 – On the supremacy of federal laws and the constitution.
This article essentially states that all states and public officials are subject to the constitution, federal laws, and treaties entered by the United States.
In this way any authority or law must not conflict with the Constitution of the United States. Nor will it conflict with federal laws. All public officials hold under oath or promise to submit to the constitution and federal laws.
Additionally, this law ensures that debts incurred by the confederation or by the union will be considered valid. In this way the union ensures the payment of its debts.
Article 7 – On the Ratification of the Constitution of the United States.
This article set out the necessary requirements for the ratification and entry into force of the U.S. constitution. Here it was established that the constitution would not go into effect until it was ratified by at least 9 of the 13 states of the original union.
On the constitution, the bill of rights and amendments
The U.S. Constitution has been constantly being perfected. This is because it included the mechanism of the constitutional amendment from its first form. Thanks to this it has been adapting to the new times. The bill of rights and 26 constitutional amendments have been included in the constitution.
The United States is one of the political references of modernity. It is sometimes attributed to its economic character. But the reality is that it is the result of a political culture that privileges freedom and counterweights to absolute state power.
As a result, the development of the human being is given priority over state power. State power serves individual development and not individual power serving state development. This is one of the great lessons in understanding the U.S. Constitution.
La entrada Constitution of the United States of America se publicó primero en Gustavo Mirabal Castro.