Constitutional Framework
Political Studies: Edexcel A Level, topic 12.1.3
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.
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.
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).
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.
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
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.
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.
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.
Article VII
- Article VII outlines the ratification process for the Constitution to be put into place.
Test yourself on Constitutional Framework
Which article of the Constitution lists the powers of the president and vice president?
What is one way to amend the constitution, according to Article V?
What is one way to amend the constitution, according to Article V?
Which article makes the Constitution the highest law in the USA?