Constitution
Article I: The Legislative Branch
Introduction Article I of the United States Constitution establishes the Legislative Branch of the federal government, vesting all legislative powers in a bicameral Congress consisting of the Senate …
Article II: The Executive Branch
Introduction Article II of the United States Constitution vests the executive power in the President of the United States, establishing the office and defining its powers and responsibilities. Unlike …
Article III: The Judicial Branch
Introduction Article III of the United States Constitution establishes the Judicial Branch, vesting the judicial power of the United States in one Supreme Court and such inferior courts as Congress …
Article IV: States and the Union
Introduction Article IV of the United States Constitution governs the relationships among the states and between the states and the federal government. Often overlooked in favor of the more prominent …
Article V: Amendment Process
Introduction Article V of the United States Constitution establishes the process for amending the Constitution. Recognizing that the document would require adaptation over time, the Framers created a …
Article VI: Supremacy Clause and Federal Obligations
Introduction Article VI of the United States Constitution establishes three foundational principles of American constitutional governance: the supremacy of federal law, the binding nature of federal …
Commerce Clause
Overview of the Commerce Clause The Commerce Clause, found in Article I, Section 8, Clause 3 of the United States Constitution, grants Congress the power to regulate commerce with foreign nations, …
Dormant Commerce Clause
Introduction The dormant commerce clause is a constitutional doctrine prohibiting state laws that unduly burden or discriminate against interstate commerce. Although the Commerce Clause — Article I, …
Eighth Amendment
Introduction The Eighth Amendment provides: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Ratified in 1791 as part of …
Eleventh Amendment
Introduction The Eleventh Amendment provides: “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the …
Equal Protection
Introduction The Equal Protection Clause of the Fourteenth Amendment provides: “No State shall . . . deny to any person within its jurisdiction the equal protection of the laws.” Ratified …
Federalism
Overview of American Federalism Federalism is a system of government in which power is divided between a national government and state governments, each possessing independent authority over certain …
Fifteenth Amendment
Introduction The Fifteenth Amendment provides: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, …
Fifth Amendment
Overview of the Fifth Amendment The Fifth Amendment contains several distinct but related protections for individuals in the criminal justice system. It guarantees indictment by grand jury for serious …
First Amendment
Overview of the First Amendment The First Amendment to the United States Constitution prohibits Congress from making laws respecting an establishment of religion, prohibiting the free exercise …
Fourteenth Amendment
Overview of the Fourteenth Amendment The Fourteenth Amendment, ratified in 1868 following the Civil War, is one of the most consequential amendments to the United States Constitution. It established …
Fourth Amendment
Overview of the Fourth Amendment The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. It …
Impeachment
Introduction Impeachment is the constitutional process by which the House of Representatives brings charges against federal officials and the Senate conducts a trial to determine whether to remove …
Incorporation Doctrine
Introduction The incorporation doctrine is the constitutional doctrine through which most provisions of the Bill of Rights have been made applicable to state and local governments. The Bill of Rights …
Necessary and Proper Clause
Introduction The Necessary and Proper Clause, found in Article I, Section 8, Clause 18, grants Congress the power “to make all Laws which shall be necessary and proper for carrying into …
Nineteenth Amendment
Introduction The Nineteenth Amendment provides: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.” …
Ninth Amendment
Introduction The Ninth Amendment provides: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” Ratified in …
Pardon Power
Introduction The pardon power is the constitutional authority of the President to grant reprieves and pardons for federal offenses. Article II, Section 2, Clause 1 provides that the President …
Preemption
Introduction Preemption is the constitutional doctrine under which federal law displaces or supersedes conflicting state law. The doctrine derives from the Supremacy Clause of Article VI, which …
Presidential Succession
Introduction Presidential succession refers to the constitutional and statutory rules governing who exercises the powers and duties of the presidency when the President dies, resigns, is removed from …
Prohibition and Repeal: The Eighteenth and Twenty-First Amendments
Introduction The Eighteenth Amendment, ratified in 1919, prohibited the manufacture, sale, and transportation of intoxicating liquors within the United States. The Twenty-First Amendment, ratified in …
Second Amendment
Introduction The Second Amendment provides: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be …
Separation of Powers
Overview of Separation of Powers The separation of powers is a foundational principle of the United States Constitution, dividing governmental authority among three distinct branches: the Legislative, …
Seventeenth Amendment
Introduction The Seventeenth Amendment provides for the direct election of United States Senators by the people of each state, replacing the original system under which state legislatures selected …
Seventh Amendment
Introduction The Seventh Amendment provides: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried …
Sixteenth Amendment
Introduction The Sixteenth Amendment provides: “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, …
Sixth Amendment
Overview of the Sixth Amendment The Sixth Amendment guarantees a cluster of rights to criminal defendants: the right to a speedy and public trial by an impartial jury, the right to be informed of the …
State Action Doctrine
Introduction The state action doctrine limits the application of most constitutional rights to conduct by the government, not by private individuals or entities. The Fourteenth Amendment provides that …
Substantive Due Process
Introduction Substantive due process is the constitutional doctrine that protects certain fundamental rights from government interference, regardless of the procedural protections provided. Unlike …
Takings Clause
Introduction The Takings Clause of the Fifth Amendment provides: “nor shall private property be taken for public use, without just compensation.” Ratified in 1791 as part of the Bill of …
Tenth Amendment
Introduction The Tenth Amendment provides: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to …
Third Amendment
Introduction The Third Amendment provides: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed …
Thirteenth Amendment
Introduction The Thirteenth Amendment provides: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within …
Treaty Power
Introduction The treaty power is the constitutional authority to make international agreements on behalf of the United States. Article II, Section 2, Clause 2 provides that the President has the power …
Twelfth Amendment
Introduction The Twelfth Amendment modified the Electoral College procedures established in Article II, Section 1. Ratified in 1804, the amendment responded to the electoral crisis of the 1800 …
Twentieth Amendment
Introduction The Twentieth Amendment, ratified in 1933, shortened the period between the November election and the March inauguration of federal officials, reducing the lame duck period during which …
Twenty-Fifth Amendment
Introduction The Twenty-Fifth Amendment addresses presidential succession and disability, establishing clear constitutional procedures for filling a vice-presidential vacancy and for determining when …
Twenty-Fourth Amendment
Introduction The Twenty-Fourth Amendment provides: “The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for …
Twenty-Second Amendment
Introduction The Twenty-Second Amendment limits the President of the United States to two elected terms in office. Ratified in 1951, the amendment was a direct response to Franklin D. …
Twenty-Seventh Amendment
Introduction The Twenty-Seventh Amendment provides: “No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of …
Twenty-Sixth Amendment
Introduction The Twenty-Sixth Amendment provides: “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United …
Twenty-Third Amendment
Introduction The Twenty-Third Amendment grants residents of the District of Columbia the right to vote in presidential elections by providing the District with electors in the Electoral College. …
US Constitution Overview
Introduction to the US Constitution The Constitution of the United States is the supreme law of the land, establishing the framework for the federal government and defining the relationship between …
War Powers
Introduction The war powers are the constitutional authorities relating to military action, warfare, and the use of armed force. The Constitution divides war powers between Congress and the President, …