The Constitution Explained - The U.S. Constitution Online - USConstitution.net (2024)

The Constitution is often hailed as a marvel ofbrevity and of clarity. It was, however, written in the 18th century, and manyof the ideas, concepts, words, phrases, and euphemisms seem odd to us today, ifnot down right foreign. Some of the more obscure words are defined in The Glossary.

But what of the Constitution itself? What does it mean? What does eacharticle, each section, say?

This page is like a synopsis or summary of the Constitution, article byarticle, amendment by amendment. This should not be taken as a substitute forthe Constitution, but more like a study guide.

The Preamble to the Constitution has noforce in law; instead, it establishes the "Why" of the Constitution. Why isthis document in existence? It reflects the desires of the Framers to improve on the government theycurrently had (to be "more perfect" than the Articlesof Confederation), to ensure that that government would be just, and wouldprotect its citizens from internal strife and from attack from the outside. Itwould be of benefit to the people, rather than to its detriment. And, perhapsas importantly, it intended to do the same for the future generations ofAmericans. A more extensive exploration of the Preamble is also available.

Article 1 establishes the first of the three branches of the government, theLegislature. Section 1 establishes the name ofthe Legislature to be The Congress, a bicameral, or two-part, body.

Section 2 defines the House ofRepresentatives, known as the lower house of Congress. It establishes a fewminimum requirements, like a 25-year-old age limit, and establishes that thepeople themselves will elect the members for two years each. The members of theHouse are divided among the states proportionally, or according to size, givingmore populous states more representatives in the House. The leader of the Houseis the Speaker of the House, chosen by the members.

Section 3 defines the upper house ofCongress, the Senate. Again, it establishes some minimum requirements, such asa 30-year-old age limit. Senators were originally appointed by the legislaturesof the individual states, though this later changed. They serve for six yearseach. Each state has equal suffrage in the Senate, meaning that each state hasthe exact same number of Senators, two each, regardless of the population. ThisSection introduces the Vice-President, who is the leader of the Senate (calledthe President of the Senate); the Vice-President does not vote unless there isa tie.

Section 4 says that each state mayestablish its own methods for electing members of the Congress, and mandates,or requires, that Congress must meet at least once per year.

Section 5 says that Congress must have aminimum number of members present in order to meet, and that it may set finesfor members who do not show up. It says that members may be expelled, that eachhouse must keep a journal to record proceedings and votes, and that neitherhouse can adjourn without the permission of the other.

Section 6 establishes that members ofCongress will be paid, that they cannot be detained while traveling to and fromCongress, that they cannot hold any other office in the government while in theCongress.

Section 7 details how bills become law.First, any bill for raising money (such as by taxes or fees) must start out inthe House. All bills must pass both houses of Congress in the exact same form.Bills that pass both houses are sent to the President. He can either sign thebill, in which case it becomes law, or he can veto it. In the case of a veto,the bill is sent back to Congress, and if both houses pass it by a two-thirdsmajority, the bill becomes law over the President's veto. This is known asoverriding a veto.

There are a couple more options for the President. First, if he neithervetoes a bill nor signs it, it becomes a law without his signature after 10days. The second option is called a pocket veto. It occurs if Congress sendsthe bill to the President and they then adjourn. If the President does not signthe bill within 10 days, it does not become law.

Section 8 lists specific powers ofCongress, including the power to establish and maintain an army and navy, toestablish post offices, to create courts, to regulate commerce between thestates, to declare war, and to raise money. It also includes a clause known asthe Elastic Clause which allows it to pass any law necessary for the carryingout of the previously listed powers.

Section 9 places certain limits onCongress. Certain legal items, such as suspension of habeas corpus, bills ofattainder, and ex post facto laws are prohibited. No law can give preference toone state over another; no money can be taken from the treasury except by dulypassed law, and no title of nobility, such as Prince or Marquis, will ever beestablished by the government.

Section 10, finally, prohibits the statesfrom several things. They cannot make their own money, or declare war, or domost of the other things prohibited Congress in Section 9. They cannot taxgoods from other states, nor can they have navies.

Article 2 establishes the second of the three branches of government, theExecutive. Section 1 establishes the office ofthe President and the Vice-President, and sets their terms to be four years.Presidents are elected by the ElectoralCollege, whereby each state has one vote for each member of Congress.Originally, the President was the person with the most votes and theVice-President was the person with the second most, though this is laterchanged. Certain minimum requirements are established again, such as a 35-yearminimum age. Presidents must also be a natural-born citizen of the United States. ThePresident is to be paid a salary, which cannot change, up or down, as long ashe in is office.

Section 2 gives the President someimportant powers. He is commander-in-chief of the armed forces and of themilitia (National Guard) of all the states; he has a Cabinet to aid him, and can pardon criminals. He makes treaties with othernations, and picks many of the judges and other members of the government (allwith the approval of the Senate).

Section 3 establishes the duties of thePresident: to give a state of the union address, to make suggestions toCongress, to act as head of state by receiving ambassadors and other heads ofstate, and to be sure the laws of the United States are carried out.

Section 4 briefly discusses the removal ofthe President, called impeachment.

Article 3 establishes the last of the three branches of government, theJudiciary. Section 1 establishes the SupremeCourt, the highest court in the United States. It also sets the terms ofjudges, of both the Supreme Court and lower courts: that they serve as long asthey are on "good behavior," which usually means for life (no Justice and onlya few judges have ever been impeached). It also requires that judges shall bepaid.

Section 2 sets the kinds of cases that maybe heard by the federal judiciary, which cases the Supreme Court may hear first(called original jurisdiction), and that all other cases heard by the SupremeCourt are by appeal. It also guarantees trial by jury in criminal court.

Section 3 defines, without any question,what the crime of treason is.

Article 4 concerns the states. Section 1mandates that all states will honor the laws of all other states; this ensures,for example, that a couple married in Florida is also considered married byArizona, or that someone convicted of a crime in Virginia is considered guiltyby Wyoming.

Section 2 guarantees that citizens of onestate be treated equally and fairly like all citizens of another. It also saysthat if a person accused of a crime in one state flees to another, they will bereturned to the state they fled from. This section also has a clause dealingwith fugitive slaves that no longer applies.

Section 3 concerns the admittance of newstates and the control of federal lands.

Section 4 ensures a republican form ofgovernment (which, in this case, is synonymous with "representative democracy,"and both of which are opposed to a monarchical or aristocratic scheme - thestate derives its power from the people, not from a king or gentry) andguarantees that the federal government will protect the states against invasionand insurrection.

Article 5 details the method of amending, orchanging, the Constitution. Please see The AmendmentsPage for more information.

Article 6 concerns the United States itself.First, it guarantees that the United States under the Constitution would assumeall debts and contracts entered into by the United States under the Articles of Confederation. It sets the Constitutionand all laws and treaties of the United States to be the supreme law of thecountry. Finally, it requires all officers of the United States and of thestates to swear an oath of allegiance to the United States and the Constitutionwhen taking office.

Article 7 details the method for ratification,or acceptance, of the Constitution: of the original 13 states in the UnitedStates, nine had to accept the Constitution before it would officially go intoeffect.

The Amendments

The first ten amendments to the Constitution were all adopted at the sametime and are collectively known as the Bill ofRights.

The 1st Amendment protects the people's rightto practice religion, to speak freely, toassemble (meet), to address (petition) the government, and of the press topublish.

The 2nd Amendment protects the right to ownguns. There is debate whether this is a rightthat protects the state, or a right that protects individuals.

The 3rd Amendment guarantees that the armycannot force homeowners to give them room and board.

The 4th Amendment protects the people from thegovernment improperly taking property, papers, or people, without a validwarrant based on probable cause (good reason).

The 5th Amendment protects people from beingheld for committing a crime unless they are properly indicted, that they maynot be tried twice for the same crime, that you need not be forced to testifyagainst yourself, and from property being taken without just compensation. Italso contains due process guarantees.

The 6th Amendment guarantees a speedy trial,an impartial jury, that the accused can confront witnesses against them, andthat the accused must be allowed to have a lawyer.

The 7th Amendment guarantees a jury trial infederal civil court cases. This type of case is normally no longer heard infederal court.

The 8th Amendment guarantees that punishmentswill be fair, and not cruel, and that extraordinarily large fines will not beset.

The 9th Amendment is simply a statement thatother rights aside from those listed may exist, and just because they are notlisted doesn't mean they can be violated.

The 10th Amendment is the subject of somedebate, but essentially it states that any power not granted to the federalgovernment belongs to the states or to the people. See the Federalism Topic Page for more information.

The 11th Amendment more clearly defines theoriginal jurisdiction of the Supreme Court concerning a suit brought against astate by a citizen of another state.

The 12th Amendment redefines how thePresident and Vice-President are chosen by the Electoral College, making thetwo positions cooperative, rather than first and second highest vote-getters.It also ensures that anyone who becomes Vice-President must be eligible tobecome President.

The 13th Amendment abolished slavery in the entire United States.

The 14th Amendment ensured that all citizensof all states enjoyed not only rights on the federal level, but on the statelevel, too. It removed the three-fifths counting of slaves in the census. Itensured that the United States would not pay the debts of rebellious states. Italso had several measures designed to ensure the loyalty of legislators whoparticipated on the Confederate side of the Civil War.

The 15th Amendment ensures that race cannotbe used as a criteria for voting.

The 16th Amendment authorizes the UnitedStates to collect income tax without regard to the population of thestates.

The 17th Amendment shifted the choosing ofSenators from the state legislatures to the people of the states.

The 18th Amendment abolished the sale ormanufacture of alcohol in the United States. This amendment was later repealed(erased).

The 19th Amendment ensures that gender cannotbe used as a criteria for voting.

The 20th Amendment set new start dates forthe terms of the Congress and the President, and clarifies how the deaths ofPresidents before swearing-in would be handled.

The 21st Amendment repealed the 18thAmendment.

The 22nd Amendment set a limit on the numberof times a President could be elected - two four-year terms. It has oneexception for a Vice-President who assumes the Presidency after the death orremoval of the President, establishing the maximum term of any President to 10years.

The 23rd Amendment grants the District ofColumbia (Washington D.C.) the right to three electors in Presidentialelections.

The 24th Amendment ensured that no tax couldbe charged to vote for any federal office.

The 25th Amendment clarifies even further theline of succession to the Presidency, andestablishes rules for a President who becomes unable to perform his dutieswhile in office.

The 26th Amendment ensures that any person 18or over may vote.

The 27th Amendment requires that any law thatincreased the pay of legislators may not take effect until after anelection.