The Articles of the Constitution

1: The Legislative Branch

Article 1 provides for the establishment of the bicameral Congress composed of the Senate and the House of Representatives. The various powers of the Congress and the respective houses, together with their methods of election, are enumerated in the article. More of Article 1 gives the states power over the conduct of federal elections but permits the Congress to alter such regulations at any time. As a legislative body Congress has certain inherent powers. Among these is the power to investigate pursuant to legislative needs. Besides its enumerated and inherent powers, the Congress has implied powers under Article 1 “to make all laws which shall be necessary and proper for carrying into execution” the enumerated or expressed powers. More of Article 1 contain guarantees of the writ of habeas corpus, prohibit bills of attainder and ex post facto laws, and also improve certain limitations on state power.

2: The Executive Branch

Article 2 creates the executive branch of government headed by the President, elected, along with the Vice President, for a term of four years. Since the adoption of the Constitution there have been two conflicting views of Article 2. The first is that the powers of the President are limited to those enumerated in the article. The opposite view is that the President is given executive power not limited by the provisions of the rest of the article. Every President has had to make the choice of interpretations for himself.

3: The Judicial Branch

Article 3 provides for a judiciary and defines treason. Besides its enumerated powers, the judiciary has the inherent authority to interpret laws and the Constitution with an authority that must be deferred to. Article 3 also guarantees trial by jury in criminal cases and lays the basis for federal jurisdiction.

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