The U.S. Constitution

What the Preamble Means

The Preamble is a short introductory statement of the Constitution’s fundamental purposes and guiding principles. It expresses the intentions of its authors and is sometimes cited by courts as evidence of what the Founders hoped the Constitution would achieve. In plain terms:

• We the People of the United States: The people are the ultimate authority (popular sovereignty).
• Form a more perfect Union: Create a stronger, better government than the previous Articles of Confederation.
• Establish Justice: Set up a fair system of laws and courts.
• Insure domestic Tranquility: Maintain peace within the country.
• Provide for the common defense: Create a national defense to protect against threats.
• Promote the general Welfare: Support economic, social, and health well-being.
• Secure the Blessings of Liberty: Protect freedom for current and future generations.
• Do ordain and establish: Officially create and give power to this government.

Article 1: The Legislative Branch

The first article sets up the national legislature and details its powers.

Section 1: The Legislative Branch

Grants Congress the power to make laws, and states that it will be made up of two parts: the Senate and the House of Representatives.

Section 2: The House of Representatives

Decides how often representatives are chosen, how long they can stay in office, how many each state gets, what happens if a seat is vacated, how a Speaker is chosen, and the House’s ability to impeach officials.

Section 3: The Senate

Each state has two senators; one-third of the Senate is up for election every two years. It also sets the age, residency, and citizenship requirements to become a senator. The Vice President is President of the Senate and can vote to break a tie. The Senate chooses its own officers and acts as the jury in impeachment trials.

Section 4: Organization of Congress

The states determine how U.S. Senators and Representatives are chosen, and Congress must assemble at least once a year.

Section 5: The House’s Jobs

Each house judges its own elections and the qualifications of its members, may set its own rules, and may punish members for disorderly behavior. Both houses must keep a journal of daily proceedings.

Section 6: Pay and Protections

Each senator and representative is paid by the U.S. Treasury, and is immune from arrest (except for treason, felony, and breach of the peace) while attending or traveling to and from a session. No senator or representative may be appointed to a civil office created during their term.

Section 7: Bills

All bills for raising revenue must originate in the House. Any bill passed by both houses goes to the President for approval. If the President rejects a bill, Congress can override the rejection with a two-thirds vote in both the House and Senate.

Section 8: Powers Granted to Congress

Congress has the power to:

• Collect taxes, duties, and excises to pay debts and provide for defense.
• Borrow money on the credit of the United States.
• Regulate trade with foreign nations.
• Make laws regarding naturalization and bankruptcies.
• Coin money and set measurement standards.
• Punish counterfeiters.
• Establish post offices and postal roads.
• Grant copyrights and patents.
• Punish piracy on international waters.
• Declare war.
• Raise and support armed forces for national defense.
• Call forth the militia (National Guard) when necessary.
• Make laws necessary to carry out its responsibilities under the Constitution.

Section 9: Powers Forbidden to Congress

Congress is prohibited from:

• Banning, before 1808, the “Migration or Importation” of people that a state chose to admit (though it could tax each person brought in, up to ten dollars).
• Suspending habeas corpus except in times of rebellion or invasion.
• Passing a bill of attainder (punishing someone without trial).
• Passing an ex post facto law (criminalizing something after it happened).
• Imposing direct taxes (unless based on population).
• Taxing goods exported from states.
• Giving unfair economic advantages to one state over another.
• Taking money from the national treasury without Congress voting on it.
• Granting titles of nobility.

Section 10: Powers Forbidden to the States

States are forbidden from:

• Entering treaties with foreign nations.
• Issuing their own money.
• Granting titles of nobility.
• Imposing duties on imports or exports without Congress’s consent.
• Raising and maintaining an army during peacetime without Congress’s approval.

Article 2: The Executive Branch

The second article sets up the executive branch and details its powers.

Section 1: The President and Vice President

The executive power is given to a President, who serves a four-year term alongside the Vice President. Each state selects electors equal to its total number of Senators and Representatives. To become President, a person must:

• Be a natural-born citizen of the United States.
• Be at least 35 years old.
• Have lived in the U.S. for at least 14 years.

If the President is removed, dies, resigns, or cannot serve, the Vice President takes over. The President receives a fixed salary and no other pay from the U.S. or any state during the term. Before taking office, the President takes this oath: “I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States.”

Section 2: Powers of the President

The President is Commander-in-Chief of the military and of state militias when called into service, and may require opinions from the heads of executive departments. The President has the power to:

• Grant pardons and reprieves, except in cases of impeachment.
• Make treaties, with the approval of two-thirds of the Senate.
• Nominate ambassadors, Supreme Court justices, and other federal officials, with Senate approval.
• Fill vacant government positions temporarily during Senate recess.

Section 3: Responsibilities of the President

The President must:

• Give Congress updates on the state of the nation (the State of the Union).
• Recommend laws that are necessary and beneficial.
• Call special sessions of Congress when needed.
• Ensure that laws are faithfully executed.
• Receive ambassadors and other foreign officials.

Section 4: Impeachment

The President, Vice President, and other U.S. officials can be removed from office if convicted of treason, bribery, or other high crimes and misdemeanors.

Article 3: The Judicial Branch

The third article sets up the national judiciary and details its powers.

Section 1: The Supreme Court

The judicial power is given to the Supreme Court and any lower courts Congress establishes. Judges serve for life as long as they maintain good behavior, and their salary cannot be reduced while in office.

Section 2: Jurisdiction of the Courts

Federal courts have authority over cases involving the Constitution, federal laws, treaties, disputes between states, disputes involving the U.S. government, disputes between citizens of different states, and foreign diplomats and cases at sea. The Supreme Court has original jurisdiction in cases involving foreign diplomats and disputes between states; in all other cases it hears appeals from lower courts. All criminal trials, except impeachment, must have a jury and be held in the state where the crime happened.

Section 3: Treason

Treason is defined as waging war against the United States, or helping the enemy by giving aid or comfort. To be convicted, a person must either confess in court or be proven guilty by two witnesses to the same act. Congress sets the punishment, but it cannot extend to the criminal’s family.

Article 4: Relations Among the States

Article Four establishes relations among the states and with the federal government.

Section 1: Full Faith and Credit

Each state must recognize the public acts, records, and judicial proceedings of other states, meaning legal documents like marriage licenses, court rulings, and contracts must be honored across all states.

Section 2: Rights of Citizens

Citizens of each state are entitled to the same rights and privileges as citizens of all other states. A person who commits a crime in one state and flees to another must be returned upon request (extradition).

Section 3: New States and Territories

Congress has the power to admit new states. No new state can be formed within an existing state or by merging states without the consent of both Congress and the states involved. Congress also has authority over U.S. territories and federal land.

Section 4: Protection of States

The U.S. government guarantees every state a republican form of government (representative democracy), and must protect states from invasion and, upon request, help put down internal violence or rebellion.

Article 5: Amending the Constitution

Article Five describes how the Constitution can be changed. To propose an amendment, either two-thirds of both the House and Senate must approve it, or two-thirds of state legislatures must call for a Constitutional Convention. To become part of the Constitution, an amendment must be ratified by three-fourths of state legislatures, or by special conventions in three-fourths of the states.

Article 6: National Debts and Supremacy

National Debts

All debts and commitments made by the U.S. government before the Constitution was adopted remain valid.

Supremacy of the National Government

The U.S. Constitution, federal laws, and treaties are the supreme law of the land. State laws cannot contradict them; if a state law conflicts with a federal law, the federal law wins.

Oaths of Office

All federal and state officials must take an oath to support the U.S. Constitution. No religious test is required to hold public office.

Article 7: Ratifying the Constitution

The Constitution had to be approved (ratified) by at least nine of the thirteen original states to become law.

The Amendments

The first ten amendments, known as the Bill of Rights, were ratified in 1791. The remaining amendments were added over time.

1st Amendment

Guarantees freedom of speech, religion, press, assembly, and petition.

2nd Amendment

Protects the right to keep and bear arms.

3rd Amendment

Prohibits the forced quartering of soldiers in private homes during peacetime.

4th Amendment

Protects against unreasonable searches and seizures; requires a warrant for searches.

5th Amendment

Protects against self-incrimination and double jeopardy, and guarantees due process.

6th Amendment

Guarantees a speedy and public trial, an impartial jury, and the right to an attorney.

7th Amendment

Guarantees the right to a jury trial in civil cases over $20.

8th Amendment

Prohibits excessive bail, fines, and cruel and unusual punishment.

9th Amendment

Protects rights not specifically listed in the Constitution.

10th Amendment

Reserves powers not given to the federal government to the states and the people.

11th Amendment (1795)

Limits lawsuits against states in federal court.

12th Amendment (1804)

Modifies the process for electing the President and Vice President.

13th Amendment (1865)

Abolishes slavery and involuntary servitude, except as punishment for a crime.

14th Amendment (1868)

Grants citizenship to all persons born or naturalized in the U.S. and guarantees equal protection under the law.

15th Amendment (1870)

Prohibits racial discrimination in voting rights.

16th Amendment (1913)

Allows Congress to impose an income tax.

17th Amendment (1913)

Provides for the direct election of U.S. Senators by the people.

18th Amendment (1919)

Prohibits the manufacture, sale, and transportation of alcohol (Prohibition).

19th Amendment (1920)

Grants women the right to vote.

20th Amendment (1933)

Changes presidential and congressional term start dates (the “Lame Duck Amendment”).

21st Amendment (1933)

Repeals Prohibition (the 18th Amendment).

22nd Amendment (1951)

Limits the President to two terms in office.

23rd Amendment (1961)

Grants Washington, D.C. electoral votes in presidential elections.

24th Amendment (1964)

Prohibits poll taxes in federal elections.

25th Amendment (1967)

Establishes procedures for presidential succession and disability.

26th Amendment (1971)

Lowers the voting age to 18.

27th Amendment (1992)

Delays congressional pay raises until after the next election.