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Section 3.18 Key Terms

The United States Constitution (1787) (Primary Text)

Learning Objectives
  • Examine the authentic primary text and structural framework of the United States Constitution of 1787.
  • Analyze the distribution of powers among the Legislative, Executive, and Judicial branches across Articles I, II, and III.
  • Understand the principles of federalism, popular sovereignty, and constitutional supremacy established in Articles IV through VII.
  • Trace the historical evolution of civil liberties and structural updates through the Bill of Rights and subsequent amendments.
Document Overview & Core Declaration

Adopted on September 17, 1787, by the Constitutional Convention in Philadelphia and later ratified by the states, the United States Constitution establishes the fundamental law, institutional architecture, and supreme legal authority of the federal republic. Replacing the inadequate Articles of Confederation, the Constitution creates a balanced system of separated powers, checks and balances, and federalism designed to secure liberty, establish justice, and ensure domestic tranquility.

The Preamble

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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.


Article I: The Legislative Branch

Section 1. 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.

Section 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Section 3. The Senate of the United States shall be composed of two Senators from each State, for six Years; and each Senator shall have one Vote. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


Article II: The Executive Branch

Section 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected... No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States... He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States...

Section 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient... he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.


Article III: The Judicial Branch

Section 1. 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. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority... In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction...


Articles IV through VII: Federalism, Supremacy, and Ratification

Article IV governs state relations, establishing Full Faith and Credit for public acts and records, guaranteeing privileges and immunities to citizens, regulating the admission of new states, and pledging a republican form of government and protection against invasion to every state.

Article V outlines the constitutional amendment process, requiring a two-thirds vote in both houses of Congress (or a convention called by two-thirds of state legislatures) followed by ratification by three-fourths of the states.

Article VI establishes the Supremacy Clause, declaring the Constitution, federal laws, and treaties to be the "supreme Law of the Land," and mandates that no religious test shall ever be required as a qualification for any office under the United States.

Article VII stipulates that the ratification of the conventions of nine States shall be sufficient for the establishment of the Constitution between the states so ratifying.


The Bill of Rights and Subsequent Amendments

Following the original 1787 text, 27 Amendments have been added to the Constitution. The first 10 amendments, known as the Bill of Rights (ratified December 15, 1791), protect fundamental liberties such as freedom of speech, religion, and the press (Amendment I), the right to keep and bear arms (Amendment II), protection against unreasonable searches and seizures (Amendment IV), and the rights of the accused in criminal proceedings (Amendments V–VIII). Later amendments abolished slavery (XIII), established equal protection and citizenship (XIV), secured voting rights across race (XV) and sex (XIX), and lowered the voting age to 18 (XXVI).

Framework for Constitutional Analysis
  1. 1
    Identify the specific constitutional provision, article, or amendment in question.
  2. 2
    Examine the literal text and original scope of the clause as drafted or amended.
  3. 3
    Evaluate how the clause distributes power between federal branches or levels of government (federalism), or protects individual liberties against state encroachment.
Pro-Tip: Always verify whether an original structural clause was subsequently altered or superseded by a later constitutional amendment.
Concept Check
What is the primary significance of the Supremacy Clause found in Article VI of the Constitution?

Key Terms & Vocabulary

BicameralismConstitutional Law
A legislative system consisting of two separate houses or chambers (in the U.S. context, the Senate and the House of Representatives).
Example: Article I establishes Congress as a bicameral legislature to balance popular representation with state equality.
Habeas CorpusLegal History
A legal writ requiring a person under arrest to be brought before a judge or into court, securing release unless lawful grounds are shown for detention.
Example: Article I, Section 9 mandates that the privilege of the writ of habeas corpus shall not be suspended unless in cases of rebellion or invasion.
Bill of AttainderConstitutional Law
A legislative act that inflicts punishment on individuals or specific groups without a judicial trial.
Example: The Constitution explicitly prohibits both Congress and the states from passing any bill of attainder.
Ex Post Facto LawConstitutional Law
A law that retroactively changes the legal consequences of acts committed before the enactment of the law.
Example: Article I prohibits the federal government and state legislatures from passing ex post facto laws.
ElectorsPolitical Institutions
Members of the Electoral College chosen by the states to formally cast votes for the President and Vice President.
Example: Article II outlines how each state appoints electors equal to its total number of Senators and Representatives.
ImpeachmentConstitutional Law
The formal process by which the House of Representatives brings charges against a civil officer of government for high crimes and misdemeanors.
Example: The House holds the sole power of impeachment, while the Senate conducts the trial.
Supremacy ClauseFederalism
The provision in Article VI declaring that federal law is the supreme law of the land over state laws.
Example: State judges must rule in accordance with federal treaties and statutes due to the Supremacy Clause.
Republican Form of GovernmentPolitical Philosophy
A system of government in which power resides in the people and is exercised through elected representatives.
Example: Article IV guarantees every state in the Union a republican form of government.