Basic Features of the United

States Constitution

Articles of Confederation
Established a loose federation of states
Each state retained its sovereignty, freedom,
and independence, and every power, jurisdiction
and right which is not by this Confederation
expressly delegated. (Article 2)
The central government was granted very limited
powers. There was:

no general police power;

no power to provide for the general welfare;
no power to tax;
no power to regulate trade between the states.

Constitutional Convention of 1787

The states recognized that a stronger central
government was necessary but concern for the
dangers presented by a strong central
government persisted.
As a result, although the Constitution
established a far stronger central government, it
was nevertheless a government that had limited
powers and one in which the states continued to
retain general police powers.

 The national government that was created

by the Constitution of 1787 was one
characterized by the doctrine of
separation of powers and checks and
balances.

Separation of Power
Governmental power is divided into three
co-equal branches of government:
the Executive branch headed by the President
The Legislative branch comprised of the
Congress, and
The Judicial branch comprising of the
Supreme Court and such other inferior courts
as the Congress may establish

Article 1
The Legislative Branch
The Congress is comprised of two houses: the
House of Representatives and the Senate.
Members of the House are elected for two year
terms directly by the people. The seats are
apportioned among the states on the basis of
population.
Senators serve six year terms. Senate seats are
apportioned on the basis of two seats per state.
Originally, senators were not elected directly by
the people but were appointed by their state
legislatures.

 The legislative power of Congress is limited to a

list of 18 specific powers of enumerated in Article
I, Section 8.
To lay and collect taxes, duties, imposts and excises
and to pay the debts and provide for the common
defense and general welfare of the United States
To borrow money
To regulate commerce with foreign nations, among
the states, and with the Indian tribes
To establish uniform rules for naturalization and
bankruptcies
To coin money, regulate its value, and fix a standard
for weights and measures

To provide for the punishment of counterfeiting

To establish a post office
To establish copyright and patent laws
To create lower courts
To define crimes on the high seas
To declare war
To raise and support armies
To establish and maintain a navy
To create rules regulate the land and naval forces

 To call forth the militia to enforce the laws,

suppress insurrections, and repel invasions
To organize, arm, and discipline the militia
To pass all legislation over the district that
becomes the seat of government
To make all laws necessary and proper to the
execution of the foregoing powers

 Missing from this list is the broad power to

enact legislation for the general welfare,
health and safety of the people. What we
call the police power. That power was
retained by the individual states.
See also the 10th Amendment

Article II
Executive Branch
The Chief Executive is the President who
is elected for a term of four years. The
22nd Amendment limits a president to only
two terms.
The President is not actually elected
directly by the people, but indirectly
through the election of pledged electors
who then cast votes in the Electoral
College.

 Article II Section 1 provides that the

executive Power shall be vested in the
President. Among the powers of the
President is the power:
To enforce the laws
To be commander in chief of the armed forces
To make treaties
To appoint federal judges
To veto bills passed by Congress

Article III
Judicial Branch
The Constitution establishes a Supreme
Court and such other inferior Courts as
the Congress may from time to time
ordain and establish.
The President nominates candidates to
the Supreme Court. These appointments
are not effective until the Senate has
confirmed the nomination by a majority
vote

 Justices of the Supreme Court and all

other courts established pursuant to Article
III are appointed for life and may only be
removed by impeachment.
Judicial review of legislation is not found in
the Constitution, but was established by
the Supreme Court in Marbury v Madison,
5 U.S. 137 (1803).

Checks and Balances

In addition to separating power, the Constitution
provides a number of checks on the exercise of
those powers:
Regarding legislation, for a bill to become law it
must pass both houses of the Congress and be
signed by the President. However,
If the president objects to the legislation he has the
power to reject the bill. This is his power of the veto.
Should the President veto a bill, the Congress may by
a two-thirds vote override the veto and the bill then
becomes law without the Presidents consent.

 The President is the commander in chief of the

armed forces. However, the Congress has the
power to raise armies, regulate the military and
declare war.
The President can sign treaties, but the Senate
must ratify those treaties by a 2/3 vote before
they can become binding.
The President can nominate judges but to be
effective the Senate must confirm the
appointments by a majority vote.

Article V
The Amendment Process
The amendment process is extremely
difficult. As a result the Constitution has
been amended only 27 times in 225 years.
The main avenue for amending the
Constitution requires that a proposed
amendment must be passed by a 2/3 vote
of both Houses of Congress and then
ratified by the legislatures of the States.

The Bill of Rights

Despite the limitations in the new
Constitution on the power of the new
federal government, serious concern
remained that the central government
could become abusive much in the same
way as had the British Crown.
This concern threatened to prevent the
ratification on the Constitution

 An agreement was reached that in return for

ratification, the first congress would propose
amending the new constitution to include a Bill of
Rights.
In 1791 the Bill of Rights was passed by
Congress and ratified the States, appending to
new Constitution the first 10 amendments.
Of particular importance are Amendments 1, 4, 5
and 6.

Amendment I
Congress shall make no law respecting
an establishment of religion, or prohibiting
the free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble,
and to petition the government for a
redress of grievances.

Amendment IV
The right of the people to be secure in their
persons, houses, papers, and effects,
against unreasonable searches and
seizures, shall not be violated, and no
Warrants shall issue, but upon probable
cause, supported by Oath or affirmation,
and particularly describing the place to be
searched, and the person or things to be
seized.

Amendment V
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any
person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use,
without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the
crime shall have been committed, which district
shall have been previously ascertained by law,
and to be informed of the nature and cause of
the accusation; to be confronted with the
witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and
to have the Assistance of Counsel for his
defense.