- Introduction
Learn- Try It
- Task
Learn
To access the material on PBS Learning Media, you will need the PBS login information.
The Constitution
The Constitution is organized into three main parts: a preamble, seven articles, and twenty-seven amendments. In this lesson, you will learn about the first two parts of the structure. You will learn about the amendments in a later lesson.
Preamble
The Preamble states the purpose of the Constitution. The first three words of the Preamble, "We the People," are the basis for the rest of the document. It is the people of the United States who govern. The goals include, "...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..."
Read the Preamble to the Constitution.
Read Overview of the Preamble and Historical Background of the Preamble from Constitution Annotated to learn more about the first part of the Constitution which outlines the document's vision and purpose.
Articles
There are seven articles in the Constitution. The articles outline the duties of the Executive, Legislative, and Judicial Branches of government, describe the separate powers of the federal government and state governments, and provide a means for changing the Constitution.
Use the links below to review the articles in the Constitution (notice that the articles are identified with Roman numerals).
Article I Article II Article III Article IV Article V Article VI Article VII
Organization of the Constitution
The Constitution was founded on the following basic principles:
- Limited government
- Popular sovereignty
- Judicial review
- Federalism
- Separation of powers
- Checks and balances
Limited government
Under a system of limited government, the government is not all-powerful. The Constitution limits what the government can do. In other words, the rule of law applies, which means that laws govern and not men.
Popular sovereignty
Popular sovereignty is a political doctrine which states that the people have the authority in a government system. More simply, the framers created a republic that firmly established that the people have the decision-making power.
Read "Creating the Constitution" to learn more about the basic principles of the Constitution.
Judicial Review
Judicial review is the doctrine under which the courts have the power to review and declare a law unconstitutional. It was not originally written into the Constitution and it may only occur if a case is appealed to a higher court. The case of Marbury v. Madison in 1803 is the famous Supreme Court case that resulted in the creation of the power of judicial review.
Watch Judicial Review: Crash Course Government and Politics (7:59) to learn more about judicial review.
Image credit: Petteway, Steve. The Roberts Court (2010- ). 2010. Collection of the Supreme Court of the United States. Wikimedia Commons. [Image]. April 15, 2015.
Federalism
To address the concerns about the national government abusing its authority, the Constitution creates a federal system, whereby powers are divided between national and state governments. Federalism is a political concept in which power is distributed between national and state government on a fairly equal basis. See how the federal system divided powers between state governments and the national government in the chart below.
Separation of Powers
Separation of powers is a principle of the United States government whereby power is apportioned among the three branches of government. The Legislative Branch makes law, the Executive Branch carries out the laws, and the Judicial Branch interprets the laws.
Watch A Case for the Separatin of Powers (1:05) to learn more about how our government separates power in order to keep a balance of power.
The Legislative Branch
The Legislative Branch of government makes the laws. Congress makes up the legislative branch with two houses, the House of Representatives and the Senate. The powers of Congress are outlined in Article I of the Constitution, which allows only Congress the power to coin money, declare war, raise an army, and regulate commerce, making it the most powerful legislative body in the nation.
The Executive Branch
The Executive Branch of government carries out or executes the laws made by Congress. The President is the executive officer who heads the Executive Branch, which also includes the Vice President and numerous executive departments. The powers of the Executive Branch are outlined in Article II of the Constitution. One of the more critical roles of the President is commander-in-chief of the nation's armed forces.
The President serves four-year terms. There was no term limit for the presidency until 1951 when the Twenty-second Amendment was passed. It states, "No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once."The Judicial Branch
The Judicial Branch of government interprets the law to determine its constitutionality (see Judicial Review in this lesson). The Judicial Branch includes the Supreme Court and the federal court system. The powers of the Judicial Branch are outlined in Article III of the Constitution. The Supreme Court is the highest court in the land. Supreme Court Justices are appointed by the President, but must be confirmed by the Senate. The Framers of the Constitution allowed a lifetime term for Supreme Court Justices in an attempt to safeguard their decisions from politics.
Image credit: Branches of Government. n.d. Ben's Guide to the U.S. Government for Kids. [Image]. April 15, 2015.
Checks and Balances
In addition to separating the powers of the government into three branches, a system of checks and balances was put into effect. This system allows each branch the ability to limit the power of the other two branches. It is designed to prevent abuse of power by any one branch. For example, Congress can pass a bill, but the President can veto, or reject, the bill, which may prevent it from becoming law. However, Congress can override (to make something no longer valid) a presidential veto if two-thirds of both houses agree to do so. In that case, the bill becomes law even though the president disapproves. Finally, a federal court could later find the law unconstitutional and strike it down. In summary, each branch has unique powers that it can use to check the powers of the other branches.
Watch Separation of Powers and Checks and Balances (8:30) to learn more.
 |
 |