12.1.3

Constitutional Framework

Test yourself

Articles I-III

Articles I-III of the US constitution clearly outline 3 separate branches of the federal government and their powers. This sets up the principle of separation of powers.

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Article I

  • Article I grants all legislative powers to the Congress which consists of the Senate and the House of Representatives.
  • It outlines the election process for each chamber and the powers allotted to them.
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Article I

  • Members of the House of Representatives are to be elected every 2 years. Each state has a minimum of 1 representative and the total number of representatives is based on the size of the population of each state.
  • Members of the Senate are to serve 6 year terms with elections held every 2 years for 1/3 of the seats. There are 2 senators per state (currently 100 senators).
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Article II

  • Article II grants executive power to a President who sits for a term of 4 years, alongside their Vice-President.
  • Both will be elected via a system known as the electoral college.
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Article III

  • Article III grants judicial power to the Supreme Court and any smaller courts.
  • There is no term limit for judges.
  • Supreme court justices are to be appointed by the President and approved by the Senate.

Articles IV-VII

Articles IV-VI set out the concept of federalism and the powers of the states, and Article VII outlines the ratification process for new states to join the union

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Article IV

  • Article IV sets out the rules for relationships between the states.
  • All states have to respect the laws of other states.
  • All citizens of states should be treated fairly and equally in all other states.
  • The rules for the admittance of new states is outlined.
  • All states should have republican governments, rather than being led by a king or gentry.
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Article V

  • Article V sets out the process to amend the constitution.
  • Amendments require the formal support (ratification) of ¾ of states and a supermajority (2/3 of the votes) in both chambers of Congress.
  • Another way to pass an amendment is through a Constitutional Convention where amendments are proposed, and amendments are then ratified by 3/4 of the state legislatures.
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Article VI

  • Article VI contains the ‘supremacy clause’ which makes the constitution the highest law in the USA.
  • It also says that "no religious test shall ever be required as a qualification" for public office.
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Article VII

  • Article VII outlines the ratification process for the Constitution to be put into place.

Jump to other topics

1Democracy & Participation

2Political Parties

3Electoral Systems

4Voting Behaviour & the Media

5Conservatism

6Liberalism

7Socialism

8The UK Constitution

9The UK Parliament

10The Prime Minister & the Executive

11Relationships Between Government Branches

12US Constitution & Federalism

13US Congress

14US Presidency

15US Supreme Court & Civil Rights

16US Democracy & Participation

17Comparing Democracies

18Feminism

19Nationalism

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