United States Constitution

Principles of government

Although the Constitution has been amended several times since it was first adopted, its basic principles remain the same now as in 1789.

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There are three branches of the national government?executive, legislative, and judicial?and they are separate and distinct from one another. The powers given to each are in theory balanced and checked by the powers of the other two. Each branch ideally serves as a check on potential excesses of the others. This is known as "separation of powers", and was partly taken from the ideas of the Baron de Montesquieu.

Related Topics:
Executive - Legislative - Judicial - Check - Separation of powers - Baron de Montesquieu

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The United States is federal in nature. Powers enumerated in the Constitution are given to the Federal Government, and all other, unenumerated, powers remain with the states or the people. (See the Tenth Amendment.)

Related Topics:
Federal - Tenth Amendment

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The Constitution, together with laws passed according to its provisions and treaties entered into by the president and approved by the Senate, stands above all other laws, executive acts, and regulations. Beginning with the case of Marbury v. Madison, the United States judiciary has engaged in judicial review. This means that the federal courts will examine duly enacted laws, and, if they are found to be unconstitutional, will overturn them. They also examine the acts of public officials?up to and including those of the president. (See United States v. Nixon.)

Related Topics:
Laws - Senate - Marbury v. Madison - Judicial review - Unconstitutional - United States v. Nixon

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Since the enactment of the Fourteenth Amendment, all persons have been equally entitled to the law's protection. All states are equal and in principle none can officially receive special treatment from the federal government. Within the limits of the Constitution, each state must recognize and respect the laws of the others. State governments, like the federal government, must be republican in form, with final legitimacy resting with the people.

Related Topics:
Fourteenth Amendment - Equally entitled to the law's protection - Republican

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By means defined in the Fifth Article of the Constitution, Congress may propose amendments to the Constitution. Moreover, any two thirds of the states may themselves initiate a convention for proposing amendments. When ratified as specified, all amendments are considered part of the Constitution.

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