US Constitution Articles: Legislative, Executive, Judicial Powers

The Constitution (1789)

Article I: Legislative Branch – Makes Laws

This is the longest Article, containing 10 Sections. The Founders considered this branch the most important.

Section 1: Congress

Establishes Congress, which includes the House of Representatives.

Section 8: Federal Powers

Details the powers granted to the federal government (Enumerated or Delegated Powers), such as:

• Establishing the Navy and Army
• Borrowing and coining money
• Establishing the postal office
• Declaring war

Necessary and Proper Clause (Implied Powers)

Allows Congress to make any law deemed necessary and proper to carry out the previously listed powers. This clause is broad and stretches the powers of the federal government. Any "new power" linked must relate to a power already listed; it cannot be random.

Section 9: Limitations on Federal Government

Specifies actions the federal government cannot take, including:

• Suspending the Writ of Habeas Corpus

Section 10: Limitations on States

Specifies actions that states cannot take, such as:

• Making treaties
• Coining their own money
• Levying taxes on imports and exports
• Keeping troops

Article II: Executive Branch – Carries Out Laws

Section 1

Establishes the roles of the President, Vice President, and the Electoral College.

Article III: Judicial Branch – Resolves Disputes on Laws

Section 1

Sets up the Supreme Court. Federal judges hold their offices for life.

The establishment of lower courts is left to the government.

Judicial Review

The ability of the court system to decide whether a law or presidential action is constitutional.

Marbury v. Madison (1803)

In this case, a judge (Marbury) sought a commission from the outgoing president, which the incoming president refused to deliver. Marbury sued Madison (Secretary of State). The court decided that while Marbury theoretically had a right to the commission, the court could not force a federal official to act because doing so would be unconstitutional. This was the first time Judicial Review was used.

Article IV: Relationship Between States

Section 1: Full Faith and Credit

Each state must respect the records, acts, and judicial proceedings of every other state. For example, a marriage valid in one state is recognized in others. This provision generally does not apply to professional licenses.

Article V: Amending the Constitution (Procedure)

Outlines the process for changing the Constitution. This process was intentionally made difficult to prevent instability.

Article VI: Supremacy Clause

Declares that federal law is superior to state laws (e.g., in cases involving marijuana legality).

Article VII: Ratification

Describes the process for ratifying the Constitution, requiring a supermajority (9 out of 13 states).