Walkthrough of the Constitution | Constitution 101

Summary

Jeffrey Rosen's discussion on the U.S. Constitution highlights its seven articles, emphasizing the Preamble's assertion of popular sovereignty. Article I details Congress's extensive legislative powers, while Article II outlines the President's executive duties, including military command and treaty-making. Article III vests judicial authority in the Supreme Court and lower federal courts, focusing on federal law interpretation. Articles IV and V address state relations, citizenship, and the amendment process, respectively. Article VI's Supremacy Clause establishes the Constitution and federal laws as supreme, allowing judicial review. Article VII describes the Constitution's ratification by nine states, making it the supreme law of the land.

Takeaways

• 📜 The U.S. Constitution begins with the Preamble, emphasizing that the people hold sovereign power and are the source from which government authority is derived.
• 🏛️ Article I establishes the legislative branch, consisting of the Senate and House of Representatives, and is designed to be the most powerful yet potentially dangerous branch of government.
• 🚫 The Constitution grants Congress various powers, such as taxation, while also denying it others, like the ability to grant titles of nobility.
• 👨‍✈️ Article II vests the executive power in the President of the United States, outlining specific roles like commander-in-chief and the power to make treaties with Senate consent.
• 🏛️ Article III vests judicial power in the Supreme Court and inferior courts, with the Supreme Court having discretion over which cases to hear, often involving significant federal law interpretations.
• 🗽 Article IV addresses state relations, including the Comity Clause ensuring citizens' basic civil rights are portable across states, though political rights are not.
• 🔄 Article V details the amendment process, allowing for amendments to be proposed by two-thirds of Congress or a convention and ratified by three-fourths of the states.
• 🏛️ Article VI, through the Supremacy Clause, establishes the Constitution and federal laws as the supreme law, giving courts the power to strike down unconstitutional laws.
• ⚖️ The concept of judicial review, as explained by Alexander Hamilton, allows judges to uphold the Constitution over ordinary laws when there's a conflict.
• 🗳️ Article VII outlines the ratification process, requiring the approval of nine state conventions, which made the Constitution the supreme law even before all states had ratified it.

Q & A

What does the Preamble of the U.S. Constitution signify?

The Preamble signifies that the sovereign power in the United States resides with 'We the People,' not with any single individual or branch of government. It emphasizes the collective intention to form a more perfect Union and secure liberties for present and future generations.

Why was the legislative branch considered the most powerful and potentially dangerous by the framers?

The framers considered the legislative branch as the most powerful and potentially dangerous because, as James Madison noted, it tends to extend its sphere of activity and draw all power into its vortex. This is why Article I, which establishes the legislative branch, is the longest and most detailed, outlining numerous powers and limitations.

What are some specific powers granted to Congress by Article I?

Article I grants Congress the power to lay and collect taxes, regulate commerce, coin money, and establish post offices, among other powers. It also denies Congress the power to grant titles of nobility, reflecting a commitment to a republic rather than a monarchy.

How does Article II of the U.S. Constitution describe the executive branch?

Article II vests the executive power in a President of the United States and outlines specific powers such as being the commander-in-chief of the armed forces and the power to make treaties with the advice and consent of the Senate. It is notably shorter than Article I, indicating the framers' intent for a less dominant executive role.

What is the significance of the 'advice and consent' process mentioned in Article II?

The 'advice and consent' process is significant because it represents a check on the President's power by requiring the Senate's input for certain actions, such as the ratification of treaties. This process ensures a balance of power and promotes deliberation in foreign policy decisions.

What does Article III establish regarding the judicial branch?

Article III establishes the judicial branch by vesting the judicial power in one Supreme Court and in such inferior courts as Congress may establish. It also defines the Supreme Court's original jurisdiction and its discretionary power to hear appeals from lower federal courts on significant questions of federal law.

How does the Privileges and Immunities Clause in Article IV affect citizens moving between states?

The Privileges and Immunities Clause ensures that citizens of one state can enjoy their basic civil rights in any other state, such as the ability to make contracts or sue in court. However, it does not extend political rights, meaning citizens cannot participate in the political processes of other states, like serving on a jury or voting in an election.

What are the two methods for proposing amendments to the U.S. Constitution as stated in Article V?

Article V allows for amendments to be proposed either by a two-thirds vote in both houses of Congress or by a convention called for by the legislatures of two-thirds of the states.

How are proposed amendments ratified according to Article V?

Proposed amendments are ratified by either the legislatures of three-fourths of the states or by conventions in three-fourths of the states. This process is designed to be complex to ensure that amendments reflect a considered and widespread consensus.

Why is the Supremacy Clause in Article VI so crucial?

The Supremacy Clause is crucial because it establishes that the Constitution and federal laws made in accordance with it are the supreme law of the land. This clause gives the Supreme Court the power to strike down state laws or federal laws that conflict with the Constitution, ensuring the Constitution's supremacy.

How does Article VII differ from the ratification process of the Articles of Confederation?

Article VII of the U.S. Constitution requires ratification by conventions of only nine states for the Constitution to become effective, unlike the Articles of Confederation which required unanimous consent. This allowed the Constitution to be established once New Hampshire ratified it in 1788, even though four other states had yet to ratify.

Outlines

00:00

📜 Introduction to the U.S. Constitution

Jeffrey Rosen introduces the U.S. Constitution by discussing the significance of the Preamble, emphasizing that the document begins with 'We the People,' indicating that the sovereign power resides with the people, not with any branch of government. He then delves into Article I, which establishes the legislative branch, consisting of the Senate and House of Representatives. Rosen highlights the framers' concerns about the legislative branch being the most powerful and potentially dangerous, as expressed by James Madison in Federalist 48. The article grants Congress various powers, such as taxation, while denying others, like the ability to grant titles of nobility. The discussion transitions to Article II, which vests executive power in the President of the United States, and outlines specific presidential powers, including command of the armed forces and the power to make treaties with the advice and consent of the Senate. Rosen notes the brevity of Article II compared to Article I, reflecting the framers' vision of a president as an impartial chief magistrate, with Congress being the main actor in government.

05:02

🏛️ Judicial and Supremacy Clauses

The script continues with a discussion of Article III, which vests judicial power in the Supreme Court and inferior courts established by Congress. It explains the Supreme Court's original jurisdiction and its discretion to hear cases, typically when there is a conflict among lower federal courts on significant federal law questions. Moving to Article IV, Rosen covers state citizenship, the admission of new states, and the Comity Clause, which ensures that citizens can carry their basic civil rights across state lines but not their political rights. Article V outlines the amendment process, detailing how amendments can be proposed by Congress or through a convention and ratified by either state legislatures or conventions in three-fourths of the states. The difficulty of amending the Constitution is highlighted, with the 27th Amendment, ratified in the 1990s, as the most recent example. Article VI contains the Supremacy Clause, which establishes the Constitution and federal laws as the supreme law of the land, allowing federal law to override state laws and giving the Supreme Court the power to strike down unconstitutional laws. The script concludes with Article VII, which details the ratification process, noting that ratification by conventions of nine states was sufficient for the Constitution to become the supreme law, even before all states had ratified it.

Keywords

💡Preamble

The Preamble is an introductory statement that sets the guiding purpose and principles of the Constitution of the United States. It begins with the significant phrase 'We the People,' emphasizing the sovereignty of the people over the government. In the video, the Preamble is highlighted as a reflection of the collective intention to form a more perfect union and secure liberties for future generations.

💡Legislative Branch

The Legislative Branch, as established by Article I of the Constitution, is the law-making body of the U.S. federal government, consisting of the Senate and the House of Representatives. The video script underscores its importance by detailing the extensive powers granted to Congress, such as levying taxes, and the checks in place to prevent the concentration of power.

💡Separation of Powers

Separation of Powers is a fundamental concept in the U.S. Constitution that divides government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The video explains how this principle is embodied in the Constitution's structure, with each branch having separate and independent powers.

💡Executive Branch

The Executive Branch, covered in Article II, is responsible for enforcing the laws made by the Legislative Branch. The video points out that the President of the United States, as the head of this branch, wields significant powers, including being the commander-in-chief and the power to make treaties, subject to Senate approval.

💡Judicial Branch

The Judicial Branch, as outlined in Article III, is the court system responsible for interpreting laws and the Constitution. The video emphasizes the Supreme Court's role as the highest court, with the power to review and potentially overturn laws that conflict with the Constitution, a concept known as judicial review.

💡Amendment Process

The Amendment Process, detailed in Article V, describes how changes can be made to the Constitution. The video explains the dual method of proposing amendments—either by Congress or through a convention called by the states—and the ratification by three-fourths of the states, ensuring that changes reflect a broad consensus.

💡Supremacy Clause

The Supremacy Clause, found in Article VI, establishes that the Constitution, federal laws, and treaties made under the Constitution are the supreme law of the land. The video script uses this clause to illustrate the hierarchy of laws, where state laws are subordinate to federal law and the Constitution.

💡Judicial Review

Judicial Review is the power of the courts to review and determine the constitutionality of laws and government actions. The video references Alexander Hamilton's Federalist 78 to explain that judges should uphold the Constitution over ordinary laws when there is a conflict, reflecting the will of the people as the sovereign authority.

💡Original Jurisdiction

Original Jurisdiction, mentioned in the context of the Supreme Court's powers, refers to the court's authority to hear cases that are brought to it directly, without being previously heard in lower courts. The video script notes that the Supreme Court has discretion over which cases to hear, often focusing on those with significant federal law implications.

💡Privileges and Immunities Clause

The Privileges and Immunities Clause, part of Article IV, guarantees that citizens of one state have the right to certain basic civil rights in other states. The video uses this clause to explain the concept of portable rights, such as the ability to make contracts or sue, but clarifies that political rights like jury service or voting are not portable across state lines.

💡Ratification

Ratification, as discussed in Article VII, is the process by which the states approve the Constitution. The video highlights the historical significance of New Hampshire's ratification, which made the Constitution the supreme law of the land, even though not all states had yet ratified it.

Highlights

The Constitution begins with 'We the people', signifying that the people hold sovereign power.

Article I establishes the legislative branch, consisting of a Senate and House of Representatives.

Congress was intended to be the most powerful branch, hence the longest substantive article.

Congress is granted the power to lay and collect taxes but denied the power to grant titles of nobility.

Article II vests executive power in the President of the United States.

The president is given specific powers such as commander-in-chief and the power to make treaties with Senate consent.

Article III vests judicial power in the Supreme Court and inferior courts as established by Congress.

The Supreme Court has discretion over which cases to hear, often involving conflicts in federal law interpretation.

Article IV discusses state citizenship, the admission of new states, and the Comity Clause.

The Comity Clause ensures that citizens' basic civil rights are portable between states.

Article V outlines the amendment process, requiring a two-thirds majority for proposal and three-fourths for ratification.

The 27th Amendment, ratified in the 1990s, was the last to be added to the Constitution.

Article VI includes the Supremacy Clause, making the Constitution and federal law supreme over state law.

The Supremacy Clause empowers the Supreme Court to strike down unconstitutional laws.

Alexander Hamilton in Federalist 78 supports judicial review as a check on the will of representatives.

Article VII details the ratification process, requiring the consent of nine states for the Constitution to become effective.

The Constitution of the United States is the supreme law of the land, defining government powers and limits.

Transcripts

Jeffrey Rosen: [MUSIC] Today we're going to walk through

the Constitution of the United States.

Let's begin with the preamble.

"We the people of the United States,

in order to form a more perfect Union,

establish justice, ensure domestic Tranquility,

provide for the common defense,

promote the general Welfare,

and secure the Blessings of

Liberty to ourselves and our Posterity,

do ordain and establish

this Constitution for the United States of America."

I love to read the preamble.

It's so significant of course,

that the Constitution begins with

the words, we the people.

They remind us that we

the people of the United States have the sovereign power,

not the king, not the legislature, not the president,

not the judiciary,

we the people we parcel it out to

the various branches of

governments that the Constitution is about to create,

but the power remains in the people themselves.

Now, let's talk about Article I,

which establishes the legislative branch.

It says, "All legislative powers herein

granted shall be vested

in a Congress of the United States,

which shall consist of

a Senate and House of Representatives."

Now, for the framers, Congress

was supposed to be the most

powerful and therefore threatened

to be the most dangerous branch.

James Madison worried in Federalist 48,

that the legislative department is everywhere

extending the sphere of its activity,

and drawing all power into its impetuous vortex.

That's why it's the longest of the substantive articles.

It sets out a whole lot of different powers of

Congress and also the powers that are denied to Congress.

For example, it grants Congress

the power to lay and collect taxes,

but it denies Congress the powers

to grant titles of nobility.

Now, Article II, the executive branch.

It's amazing how much shorter it is than Article I.

It says that the executive power shall be

vested in a president of the United States of America.

Article II then sets out

a few specific powers that the president has,

like being commander in chief of the armed forces,

and also the power to receive ambassadors,

and to make treaties by and with

the advice and consent of the Senate.

That's a blended power,

it's not one exclusive to the president.

But so much of our current presidency

includes implied powers that

have collected over time or that

presidents have simply assumed or asserted.

The actual language of the Constitution as sparse,

reminding us that the framers thought of the president as

a impartial chief magistrate

who would administer laws passed by Congress,

but Congress not the president would be the main actor.

Now, Article III, the judicial branch.

Article III says, "The judicial power of

the United States shall be vested in

one Supreme Court and in such inferior courts

as the Congress may from time

to time ordain and establish.

That tells us that the Supreme Court is

the head of the judicial branch,

but it's only one of

the federal courts that have the power

to decide questions involving federal law.

The Congress may create

those inferior courts, but it doesn't have to.

Now, Article III also says there's

a very narrow category of cases that

the Supreme Court has to hear as

a matter of what's called its original jurisdiction.

But broadly, the Supreme Court has the discretion

to hear or not to hear whatever cases it likes.

It tends to hear cases when there's a conflict among

the lower federal courts involving

significant questions of

the interpretation of federal law.

Article IV, this involves states and

citizenships and the admission of new states.

It has a really important clause called the Comity

Clause or the Privileges and Immunities Clause.

That says, "The citizens of

each state shall be entitled to

all privileges and immunities

of citizens in the several states."

That means that if I'm a citizen of

Pennsylvania and I go to Virginia,

I can take my basic civil rights with me,

I can make contracts,

I can sue and be sued,

but I don't take my political rights with me.

I can't walk into a courthouse and serve on

a Virginia jury or walk into

a Virginia election and vote in that election.

Article IV establishes certain fundamental rights

or civil rights or privileges or immunities,

and it says that they're portable.

Article V sets out the amendment process.

This is hugely important.

It tells us how we change the Constitution.

Article V says there are two ways of proposing

an amendment and two ways of ratifying it. Here we go.

Article V says, "Congress,

whenever two-thirds of both houses

shall deem it necessary,

shall propose amendments to this constitution,

or on application of

the legislatures of two-thirds of the several states,

shall call it convention for proposing amendments."

Congress can propose the amendment by two-thirds vote,

or if two-thirds of the state legislatures ask,

then Congress has to call

a convention for proposing amendments.

Then Article V says that

these proposed amendments shall

be valid to all intents and

purposes when ratified by

the legislatures of three-fourths

of the several states or

by conventions and three-fourths thereof.

Two ways of ratifying. Either three-fourths

of the legislators can ratify,

or conventions in three-fourths of the states can ratify.

That sounds very complicated,

and that's by design.

Article V makes the Constitution very hard to amend.

Because of that, we've had a whole lot of

amendments proposed in our history,

but not a whole lot has been ratified.

The 27th Amendment recognized as valid in

the 1990s was

the last ratified amendment to the constitution.

That's because Article V was designed

to slow down deliberation

and to ensure that amendments

represent the considered will of we the people,

and can qualify as the supreme law of the land.

Speaking of the supreme law of the land,

that brings us to Article VI,

which includes the Supremacy Clause.

The Supremacy Clause says,

"This Constitution and the laws of the United States,

which shall be made in pursuance thereof,

shall be the supreme law of the land."

The Supremacy Clause is hugely important as well,

because it means that if a state passes a law that

clashes either with the Constitution or with federal law,

the Constitution trumps,

and Federal law trumps.

The Supreme Court derives its power to strike

down unconstitutional federal and state laws that

class from the Constitution from

the Supremacy Clause itself.

Maybe just one quick beat on this power of

judicial review or the power of

courts to strike down on constitutional laws.

Alexander Hamilton said in Federalist 78,

"Whenever there's a clash

between the will of the people represented by

the Constitution and the will of

their representatives embodied in ordinary laws,

judges should prefer the principal to the agent."

In other words, because we

the people are the sovereign power

as the preamble reminded us,

and our will is embodied

in the Constitution as the supreme law of the land,

as Article VI reminds us,

then our will has to trump the will of

our temporary and fallible representatives.

Finally, ratification.

Article VII says,

"Ratification of the conventions of

nine states shall be sufficient for

the establishment of this Constitution

between the states so ratifying the same."

That's different than the rule of the Articles of

Confederation which required unanimous consent.

That's why when New Hampshire in

1788 ratified the Constitution,

it became the supreme law of the land,

even though there were still four states that had to

ratify and it took them another year.

Now, we've talked about

all seven articles of the U.S. Constitution.

We can sum up by saying,

what is the Constitution of the United States?

It establishes the government of

the United States and it defines its powers and limits,

and as Article VI says,

the Constitution of the United States is

the supreme law of the land. [MUSIC]