Article I vests all legislative powers in the
Congress -- the House of Representatives and the
Senate. Among those powers are the right to levy taxes,
borrow money, regulate interstate commerce, provide
for military forces, declare war, and determine member
seating and rules of procedure. The House initiates
impeachment proceedings, and the Senate adjudicates
them. (see also Index: Representatives, House of)
Article II vests executive power in the president. The
president's formal responsibilities include those of
chief executive, commander in chief of the armed
forces, and treaty maker (two-thirds of the Senate must
concur). The powers of appointment of the president
are vast but are subject to the "advice and consent"
(majority approval) of the Senate (Article II, section 2).
The informal responsibilities of the president have
grown to embrace political leadership, including
proposing legislation to Congress.
Article III places judicial power in the hands of the
courts. The Constitution is interpreted by the courts,
and the Supreme Court of the United States is the final
court of appeal from the state and lower federal courts.
The power of U.S. courts to rule on the constitutionality
of laws is known as judicial review. Few courts in the
world have that extraordinary power, which is not
explicitly mentioned in the Constitution. The definitive
assertion of judicial review was made by Chief Justice
John Marshall in Marbury v. Madison (1803; q.v.).
Beyond the body of judicial rulings interpreting it, the Constitution acquires meaning in a broader sense at the hands of all who use it. Congress on innumerable occasions has given new scope to the document through statutes, such as those creating executive departments,
Supreme Court of the United States, final court of appeal and final expositor of the U.S. Constitution. Within the framework of litigation, the Supreme Court marks the boundaries of authority between state and nation, state and state, and government and citizen.
Article IV deals, in part, with relations among the states
and privileges of the citizens of the states,
Article V
with amendment procedure.
Article VI with public debts and the supremacy of the Constitution.
Article VII gives ratification terms.
Under the Constitution, the national government has
only those constitutional powers that are delegated to it;
the states, unless otherwise restricted, possess all the
remaining powers of government (Tenth Amendment).
Thus, national powers are enumerated, state powers are
not. The state powers are often called residual powers.
(see also Index: state government)
Although the national government is limited to its
enumerated powers, Article VI cites the Constitution as
"the supreme Law of the Land; . . . any Thing in the
Constitution or Laws of any State to the Contrary
notwithstanding." The "elastic" clause of the
Constitution (Article I, section 8) states that Congress
shall have the authority "To make all Laws which shall
be necessary and proper for carrying into Execution"
the various powers vested in the national government
by the Constitution. It follows that, in addition to the
specified powers, Congress possesses implied powers,
a proposition definitively established by Chief Justice
Marshall in McCulloch v. Maryland (1819; q.v.).
Early in U.S. history, competing concepts of federal
supremacy and states' rights were brought into sharp
focus in questions about commercial regulation. The
commerce clause (Article I, section 8) simply
authorizes Congress "To regulate Commerce with
foreign Nations, and among the several States, and with
the Indian Tribes." From Gibbons v. Ogden (1824) on,
the Supreme Court has broadly interpreted Congress'
regulatory power under the commerce clause as new
methods of interstate transportation and communication
have come into use. States may not regulate any aspect
of interstate commerce that Congress has preempted.
The federal government is obliged by many
constitutional provisions to respect an individual
citizen's basic rights. Some civil rights were specified in
the original document, notably in the provisions
guaranteeing the writ of habeas corpus and forbidding
bills of attainder and ex post facto laws (Article I,
section 9). It also guaranteed trial by jury in criminal
cases (Article III, section 2). But the most significant
limitations to government's power over the individual
were added in 1791 in the Bill of Rights. The First
Amendment guarantees the rights of conscience, such as
freedom of religion, speech, and the press, and the right
of peaceful assembly and petition. Other guarantees in
the Bill of Rights include fair procedure for persons
accused of crime, such as protection against
unreasonable search and seizure and against
compulsory self-incrimination and excessive bail, a
speedy and public trial by a local, impartial jury before
an impartial judge, and representation by counsel.
Rights of private property are also guaranteed. (see
also Index: freedom of speech, freedom of the press)
For protection of such rights against state action, the
citizen originally had to look to each state constitution.
An important new federal limitation on the states was
added to the Constitution of the United States with the
ratification, in 1868, of the Fourteenth Amendment. It
forbids any state to deny to any person "life, liberty, or
property, without due process of law" or to "deny to
any person within its jurisdiction the equal protection
of its laws." Interpretation by the Supreme Court gave
these two clauses increased meaning.
The due process clause of the Fourteenth Amendment
has been held to include the liberties of religion,
speech, and press that the First Amendment protects
against violation by the federal government. Similarly,
certain guarantees of a fair trial, such as the defendant's
right to an impartial judge and the assistance of
counsel, have also been judicially absorbed into the
Fourteenth Amendment.
The other great limitation on the states in the Fourteenth
Amendment--that no state shall deny the equal
protection of its laws--has a long and important history
in U.S. constitutional law. The Supreme Court applied
the equal protection clause on May 17, 1954, when it
ruled that states that segregated white and black
children in the public schools violated the Constitution
(Brown v. Board of Education of Topeka).
Under Article V, amendments to the Constitution may be
proposed by a two-thirds vote of both houses of
Congress or by a convention called by Congress on the
application of the legislatures of two-thirds of the
states. All subsequent amendments have been initiated
by Congress. Amendments that have been proposed by
Congress must be ratified by three-fourths of the state
legislatures or by conventions in as many states.
Congress decides which method will be used and sets
the time limit for ratification.
Twenty-seven amendments have been added to the
Constitution since 1789. In addition to the first 10--the
Bill of Rights of 1791 was adopted as a single
unit--far-reaching amendments include the Thirteenth
(1865), abolishing slavery, the Fourteenth (1868),
discussed previously, and the Fifteenth (1870),
guaranteeing the right to vote regardless of race. The
Seventeenth (1913) provides for direct election of U.S.
Senators and the Nineteenth (1920) for woman suffrage.
The Twenty-second (1951) limits the presidency to two
terms. The Twenty-sixth (1971) granted suffrage to
citizens 18 and older.