What does the Constitution establish?

The Constitution establishes the framework of the federal government, defining the institutions through which the United States is governed and the powers each holds. Article I creates Congress, the legislative branch, divided into a Senate of 100 members with two senators from each state and a House of Representatives of 435 members apportioned by population. Congress writes federal law, taxes, spends, declares war, raises armies, regulates interstate and foreign commerce, confirms appointments, and can impeach federal officials.

Article II creates the executive branch headed by a single president elected through the Electoral College for a four-year term, limited to two terms by the Twenty-Second Amendment ratified in 1951. The president serves as commander-in-chief, negotiates treaties subject to Senate ratification, nominates federal judges and senior officials, signs or vetoes legislation, and runs the federal departments and agencies.

Article III creates the judicial branch headed by the Supreme Court of the United States and the lower federal courts that Congress may establish, currently 13 courts of appeals and 94 district courts. Once confirmed by the Senate to a presidential nomination, federal judges hold office during good behavior, an effectively lifelong tenure designed to keep their decisions free from electoral retaliation.

Article IV governs the relationships among states, including full faith and credit for state laws and judgments, the privileges and immunities of citizens, extradition of fugitives, and admission of new states. Article V provides the amendment process. Article VI contains the Supremacy Clause and bars religious tests for federal office. Article VII set the original ratification rules.

Beyond setting up the three branches, the Constitution establishes the federal system that distributes power between the national government and the states, lists specific federal powers in Article I, Section 8, reserves all other powers to the states or the people through the Tenth Amendment, and protects individual rights through the Bill of Rights and later amendments. The framework has worked for more than 235 years through dramatic changes in population, technology, and political circumstances, modified through 27 amendments while keeping the basic structure intact. Every law, executive order, regulation, court ruling, and official action in American government operates within the framework the Constitution establishes.