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The 1st, 2nd, and 3rd Articles of the Constitution lay out the structure of
government in the United States.
LEARNING OBJECTIVES [ edit ]
Describe the primary function of each branch of the government under the Constitution
Identify the three branches of government under the United States Constitution
KEY POINTS [ edit ]
Article 1 describes the legislative branch of the government with its representation and powers.
Article 2 describes the executive branch, enumerating the characteristics and powers of the office
of the President.
Article 3 creates the judiciary, a third, balancing branch to the other two portions of government.
TERMS [ edit ]
legislature
The legislature is a governmental body with the power to make, amend, and repeal laws.
judiciary
The "Judiciary" (also known as the judicial system) is the system of courts that interprets and
applies the law in the name of the state.
executive
The executive branch of government is responsible for enforcing laws and judicial decisions, and
for the day­to­day administration of the state.
Give us feedback on this content: FULL TEXT [ edit ]
The United States Constitution consists of a preamble, seven original articles, twenty­
seven amendments, and a paragraph certifying its enactment by the constitutional
convention.
The Preamble sets out the origin, scope and purpose of the Constitution. The scope of the
Constitution is twofold. First, "to form a more perfect Union" than had previously existed in
the "perpetual Union" of the Articles of Confederation. Second, to "secure the blessings of
liberty", which were to be enjoyed by not only the first generation, but for all who came after,
"our posterity".
Legislature
Article One describes the Congress, the legislative branch of the federal government. The
article establishes the manner of election and the qualifications of members of each body.
Article I, Section 8 enumerates legislative powers, which include: "To make all laws which
shall be necessary and proper for carrying into execution the foregoing powers, and all other
powers vested by this Constitution in the government of the United States, or in any
department or officer thereof. "
Executive
Article II, Section 1 creates the presidency. This section vests the executive power in a
President, who, along with the Vice President, serves a four­year term. This section originally
set the method of electing the President and Vice President, though the method has been
superseded by the Twelfth Amendment.The Constitution stipulates that the President must
be a natural born citizen of the United States, at least 35 years old and a resident of the
United States for at least 14 years.
Section 1 specifies that the Vice President succeeds to the presidency if the President is
removed, unable to discharge the powers and duties of office, dies while in office, or resigns.
The final clause creates the presidential oath to preserve, protect, and defend the
Constitution. Section 2 grants substantive powers to the president and Section 3 describes
the president's relations with Congress. Section 4 provides for removal of the president and
other federal officers. The president is removed on impeachment for, and conviction
of, treason, bribery, or other high crimes and misdemeanors.
Judiciary
Article Three describes the court system (the judicial branch), including the Supreme Court.
This article describes the kinds of cases the court takes as original jurisdiction. Article Three
also protects the right to trial by jury in all criminal cases, and defines the crime of treason.
The Supreme Court Building
The Supreme Court, part of the judicial branch of the United States government
Article III, Section 2, states that U.S. courts have the power to rule legislative enactments or
executive acts invalid on constitutional grounds. The Constitution is the supreme law of the
land. Any state or federal court, high or low, has the power to refuse to enforce any statute
or executive order it deems repugnant to the U.S. Constitution. Article III, Section 3
addresses treason. This part of the Constitution strips Congress of the Parliamentary power
of changing or modifying the law of treason by simple majority statute.
Article Four outlines the relation between the states and the federal government. In addition,
it provides for such matters as admitting new states as well as border changes between the
states.
It also establishes principles for extradition between the states, and lays down a legal basis
for freedom of movement and travel between the states. Finally, the fourth section of Article
Four requires the United States to guarantee to each state a republican form of government,
and to protect the states from invasion and violence.
"We the People"
The opening words of the United States Constitution