The Basics Of The Constitution
Preamble, Articles, Amendments, Laws, Regulations & Agencies
This is Part 1 of a two-part series. Part 2 is titled: Proposed Amendments to the Constitution. The point of this stack is simply to provide proper context for Part 2.
The Constitution of the United States
The Constitution is a set of rules that the United States government follows. Its the operating agreement. It was first signed on September 17, 1787 by the delegates to the Constitutional Convention in Philadelphia.
It then went on a years-long journey of ratification by the states (9 of 13 were required in order to go into effect). The last state to ratify was Rhode Island on May 29, 1790. North Carolina and Rhode Island initially did not ratify the Constitution but later did so after the new federal government was already functioning.
The first Congress convened a year earlier on March 4, 1789 after 11 states had ratified.
The Structure of the Constitution
The Constitution has three parts:
the Preamble, which explains why the Constitution was written;
the Articles, which describe the powers of the government and how it works;
the Amendments, which are changes or additions to the Constitution.
Preamble
The Preamble to the Constitution is like an introduction that explains why the Constitution was written. Its a mission statement stating what the Constitution is for and what it aims to achieve.
It opens with the famous words, "We the People…”
It is short and efficient, like much of the Constitution. Here it is:
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.
Articles
The Articles of the Constitution explain how the government is set up and how it works.
For example, Article I., Section 1. reads:
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.
While Article IV., Section 4. reads:
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Read a transcript of the Articles HERE. Meanwhile here is a brief summary:
Article 1 sets up the Congress, which is made up of the Senate and the House of Representatives. It gives them the power to make laws.
Article 2 sets up the President and the executive branch. The President is in charge of the government and makes sure the laws are followed.
Article 3 sets up the courts, including the Supreme Court. The courts decide what the laws mean and whether they are being followed correctly.
Article 4 says that the states have to work together and treat each other fairly. It also talks about how new states can join the Union.
Article 5 explains how the Constitution can be changed if necessary.
Article 6 says that the Constitution is the highest law of the land and that everyone, including government officials, has to follow it.
Article 7 explains how the Constitution was ratified and became the law of the United States.
Amendments, Including the Bill of Rights
The first ten Amendments to the Constitution are considered the Bill of Rights, which were ratified in 1791, shortly after the Constitution itself was adopted. The Bill of Rights is essentially the safeguard of individual rights and liberties, and ensures protections for citizens while limiting the powers of the federal government.
Here is a list of the Amendments to the Constitution with a brief summary of each:
First Amendment: Protects the freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government for a redress of grievances.
Second Amendment: Protects the right to bear arms and form a well-regulated militia.
Third Amendment: Prohibits the government from forcing citizens to house soldiers during times of peace.
Fourth Amendment: Protects citizens from unreasonable searches and seizures and requires the government to have a warrant or probable cause to conduct a search.
Fifth Amendment: Protects citizens from self-incrimination and double jeopardy, and requires due process of law before the government can deprive someone of life, liberty, or property.
Sixth Amendment: Guarantees the right to a speedy and public trial, the right to an impartial jury, the right to be informed of the charges against you, the right to confront witnesses, and the right to have legal counsel.
Seventh Amendment: Guarantees the right to a trial by jury in civil cases.
Eighth Amendment: Prohibits excessive bail and fines and cruel and unusual punishment.
Ninth Amendment: States that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage other rights retained by the people.
Tenth Amendment: Reserves powers not delegated to the federal government to the states or the people.
Eleventh Amendment: Limits the jurisdiction of federal courts in cases where a state is sued by a citizen of another state.
Twelfth Amendment: Changes the procedure for electing the President and Vice President.
Thirteenth Amendment: Abolishes slavery and involuntary servitude, except as a punishment for a crime.
Fourteenth Amendment: Defines citizenship and provides equal protection under the law, due process of law, and the right to pursue happiness and liberty.
Fifteenth Amendment: Prohibits the denial of the right to vote based on race, color, or previous condition of servitude.
Sixteenth Amendment: Allows Congress to levy income taxes.
Seventeenth Amendment: Allows for the direct election of senators by the people.
Eighteenth Amendment: Prohibits the manufacture, sale, or transportation of alcohol.
Nineteenth Amendment: Grants women the right to vote.
Twentieth Amendment: Changes the date of the President's inauguration and the start of congressional sessions.
Twenty-first Amendment: Repeals the Eighteenth Amendment and allows for the regulation and taxation of alcohol.
Twenty-second Amendment: Limits the President to two terms in office.
Twenty-third Amendment: Grants residents of Washington, D.C., the right to vote in presidential elections.
Twenty-fourth Amendment: Prohibits the use of poll taxes in federal elections.
Twenty-fifth Amendment: Establishes procedures for the Vice President to assume the presidency in case of a vacancy, and for the President to temporarily transfer power to the Vice President.
Twenty-sixth Amendment: Lowers the voting age to 18.
Twenty-seventh Amendment: Prohibits Congress from giving itself a pay raise that takes effect during the current term.
Amending the Constitution
Amendments to the Constitution are not easy to make. The process is intentionally designed to be rigorous. It requires broad consensus among the states and the federal government to ensure that changes to the Constitution reflect the will of the people.
Proposal: The amendment must be proposed, which can be done in two ways:
Two-thirds (⅔) of both houses of Congress (the House of Representatives and the Senate) can vote in favor of the proposed amendment.
Alternatively, two-thirds of the state legislatures can call for a special constitutional convention to propose amendments.
Ratification: Once an amendment is proposed, it must be ratified. There are two methods for ratification:
Ratification by the state legislatures: Three-fourths (¾) of the state legislatures must approve the amendment by passing it through their respective legislative bodies.
Ratification by state conventions: Instead of the state legislatures, three-fourths (¾) of the states can choose to ratify the amendment by holding special state conventions, where delegates elected by the people vote on whether to ratify the proposed amendment.
The method of ratification (by state legislatures or state conventions) is determined up front by Congress when proposing the amendment. Once either method reaches the three-fourths threshold, the amendment is considered ratified and becomes part of the Constitution.
For example, the 19th Amendment, which gives women the right to vote, was proposed in the House of Representatives on January 10, 1918 and passed (by the House) on May 21, 1919. It was then passed in the Senate on June 4, 2019.
It required approval from three-fourths (36) of the state legislatures to become part of the Constitution and was eventually ratified on August 18, 1920, when Tennessee became the 36th state to ratify it.
The 27th Amendment (if Congress approves a pay increase, it cannot take effect until the next term of office for members of the House of Representatives) was a weird one. The Amendment was originally proposed by James Madison in 1789 to be part of the original Bill of Rights.
It was re-proposed in 1982. It required the approval of three-fourths (38) of the state legislatures for ratification and reached the required threshold when Michigan became the 38th state to ratify it on May 7, 1992—a 200 year journey.
Laws
Between Article I, Section 1 of the Constitution and the Tenth Amendment, laws are created only by the legislative branch of the federal government (assuming those laws don’t conflict with the Constitution) or the state legislatures (assuming those laws do not conflict with the Constitution or the federal laws). Laws that are made by the legislatures have to follow the rules laid out in the Constitution.
For example, the Constitution says that the government can't take away people's freedom of speech or religion, so, in theory, any laws (federal, state, city, etc) that try to do that would be unconstitutional and therefore invalid.
According to some estimates, there are over 20,000 federal laws currently in force in the United States.
Additionally, there are also thousands of federal regulations that have the force of law, which are issued by various federal agencies as a means to implement and interpret the laws passed by Congress.
Regulations & Executive Orders
Federal regulations are rules issued by federal agencies that have the force of law. They are created by agencies to implement and interpret the laws passed by Congress. Note: this happens at the state level too, but for brevity we will focus on the federal government.
Federal laws, per the Constitution, are enacted by Congress and signed into law by the President. Laws are generally broader than regulations and lay out the basic framework for how the government operates and what it can and cannot do.
For example, a federal law might say that it is illegal to discriminate on the basis of race, while a federal regulation might specify the procedures that companies must follow to ensure that they are complying with the law.
Overall, federal laws are the primary source of legal authority in the United States, while regulations provide more detailed guidance on how to implement and enforce those laws.
The executive branch can issue regulations that have the force of law, but only within the limits set by Congress. Congress has the power to delegate rulemaking authority to federal agencies, and these agencies are responsible for issuing regulations to implement and interpret the laws passed by Congress.
Executive orders are like regulations, but come from the President directly and not through an agency.
Unlike executive orders, regulations issued by the executive branch must follow certain procedures, including a notice-and-comment process that allows the public to provide feedback on proposed regulations. Once a regulation is finalized, it has the force of law and can be enforced by federal agencies.
However, the executive branch cannot issue regulations that are contrary to the Constitution or existing federal laws. If a regulation conflicts with a federal law, the law takes precedence, and the regulation is invalid. Additionally, the judicial branch has the power to review regulations to ensure that they are within the limits of the law and the Constitution.
Executive orders are direct directives from the President that have the force of law and govern federal agencies, while regulations are rules established by federal agencies to implement and interpret laws passed by Congress. Executive orders have broader implications for the functioning and policies of the executive branch, while regulations are more specific and pertain to the implementation of laws within the authority of federal agencies.
Straight from ChatGPT:
According to the Federal Register, as of 2020, there were a total of 186 executive orders that were still in effect. This number includes executive orders issued by Presidents from previous years that were still active in 2020.Agencies
In order to operate, the Federal and State governments set up various agencies. These agencies are established to carry out specific functions, enforce laws, provide services, and regulate various aspects of government and society.
There are dozens and dozens of them: IRS, CIA, USPS, CDC, FDA, and so on…
Why Continue Reading This Stupid Substack?
What the Founding Fathers put together in the form of The Great Experiment seems to have turned into a Franken-Rube Goldberg bloated behemoth that we now know as the US Federal Government.
Over 2 million people work for the 4th Branch of the Federal government for an average of over 15 years.
Straight from ChatGPT:
According to the U.S. Office of Personnel Management (OPM), as of September 2020, the executive branch of the federal government employed approximately 2.1 million civilian workers. This figure includes employees across various federal agencies and departments.
It's important to note that this number does not include military personnel or employees of legislative and judicial branches of the government. Additionally, the number of federal government employees can be influenced by factors such as changes in federal workforce policies, budgetary considerations, and the needs and priorities of the government at any given time.And this:
According to the U.S. Office of Personnel Management's Federal Employee Viewpoint Survey in 2020, the average length of federal government service for all respondents was approximately 15.2 years. This suggests that federal employees tend to have relatively long tenures in their positions.If things were great, if people loved our country and if most of the country wasn’t convinced that totalitarianism was knocking at the door, then maybe we could delay some reforms. But, instead, we have lockdowns, “unvaccinated”, “defunders", “Fascists”, “threats to democracy”, “election deniers”, RINO’s, Progressives and a lot of Deplorables.
So let’s get a feel for how these government agencies are structured. Maybe that would help us unwind them.
Note: We could spend 8 Substacks on agencies, which would probably be pretty boring. I will keep this as brief as I can, focus on the Executive Branch predominantly, and give examples where helpful.
Executive Branch Agencies
The agencies that are part of the executive branch include:
1. The White House: This is the official residence of the President of the United States and the location of the President's office and staff.
2. The Cabinet: This is a group of senior officials made up of the Secretaries of the Executive Departments that advise the President on policy matters.
3. The Executive Departments: These are the 15 departments that are responsible for specific areas of policy and administration, including the Department of State, Department of Defense, Department of Justice, Department of Homeland Security, and Department of Health and Human Services.
4. The Executive Office of the President (EOP): This is a group of agencies and offices that support the work of the President, including the Office of Management and Budget, the National Security Council, and the Council of Economic Advisers.
5. Independent Agencies: These are agencies that are not part of any department but still fall under the executive branch. Examples include the Environmental Protection Agency, NASA, and the Securities and Exchange Commission.
6. Government Corporations: These are entities that operate like private corporations but are owned by the government. Examples include the U.S. Postal Service and Amtrak.
The Legislative Branch Agencies
The agencies under the legislative branch support the work of Congress and are responsible for providing the research, analysis, and information necessary to make informed legislative decisions:
1. The U.S. Congress: This is the bicameral legislative body of the federal government, consisting of the House of Representatives and the Senate.
2. The Congressional Budget Office (CBO): This nonpartisan agency provides economic and budgetary analyses to Congress.
3. The Government Accountability Office (GAO): This nonpartisan agency provides oversight of federal programs and spending to Congress.
4. The Library of Congress: This is the research library of Congress and provides research and analysis for Congress and the public.
5. The Office of the Law Revision Counsel: This office prepares and publishes the official version of the U.S. Code, which is the compilation of federal laws.
6. The Government Printing Office (GPO): This office prints and distributes government documents, including the Congressional Record and the Federal Register.
Judicial Branch Agencies
The judicial branch agencies are really all about upholding the rule of law and ensuring that the Constitution and federal laws are properly interpreted and applied:
1. The Supreme Court of the United States: This is the highest court in the country and has the final say on interpreting the Constitution and federal law.
2. The U.S. Courts of Appeals: These are the intermediate appellate courts that hear appeals from the federal district courts.
3. The U.S. District Courts: These are the trial courts of the federal court system and hear both civil and criminal cases.
4. The U.S. Bankruptcy Courts: These courts handle bankruptcy cases.
5. The U.S. Court of Federal Claims: This court hears lawsuits against the federal government.
6. The U.S. Court of International Trade: This court hears cases involving international trade and customs laws.
7. The U.S. Judicial Panel on Multidistrict Litigation: This panel decides which federal district court should handle a case that involves multiple lawsuits filed in different courts.
By Count
The number of agencies under each branch of the federal government (estimate):
Executive Branch: The total number of agencies is approximately 137.
Legislative Branch: The total number of agencies is 6.
Judicial Branch: The total number of agencies is 7.
The number of agencies can vary depending on how they are classified and whether they are considered independent or part of a larger department or organization.
Cabinet Level Agencies
The agencies within the Executive Branch fall under the authority of the President. The President appoints the leaders head of these agencies, subject to confirmation by the Senate, and sets the broad policy direction for their operations.
The Cabinet, consists of the heads (Secretaries) of various Executive Departments. These departments serve as administrative units responsible for specific areas of government policy and operations.
Within each department, there may be multiple agencies, offices, and bureaus that focus on specific policy areas or functions. These agencies operate under the direction of the department and carry out the department's mandates. For example, the Department of Defense oversees agencies such as the Department of the Army, the Department of the Navy, and the Department of the Air Force.
Non-Cabinet Versus Independent
A non-cabinet agency is a federal agency that is part of the executive branch of the government, but it is not led by a Cabinet Secretary. Non-cabinet agencies are still subject to the authority of the President and are responsible for implementing policies and programs within their specific areas of responsibility.
On the other hand, an independent agency is a federal agency that operates outside the executive branch's direct control and is not led by a Cabinet Secretary. Independent agencies have a degree of independence from the President and Congress to carry out their specific functions. They are typically created by Congress to regulate and oversee specific industries, enforce laws, or provide specific services to the public. Some examples of independent agencies include the Federal Reserve, the Securities and Exchange Commission, and the Environmental Protection Agency.
Some Of The Agencies Under The Executive Branch
Here is a look at Department of Health and Human Services (HHS):
Some of the largest and most well-known federal agencies and sub-agencies, in no particular order:
Bored Yet?
If you aren’t you are probably learning something. If you are bored, I don’t blame you. This is all just warm up for Part Two in this series, where we will examine some potential Amendments to the Constitution. The goal is to learn from the past and continue this federal constitutional republic for another 250 years if we can.
With that, here is Part 2:
Some resources:
The official website of the Executive Office of the President provides a list of Executive Branch agencies and departments: https://www.whitehouse.gov/1600/executive-branch/
The United States Government Manual, published by the Government Publishing Office, provides a comprehensive directory of federal agencies, including those under the Executive Branch: https://www.govinfo.gov/app/collection/compendium/2022
The Office of Personnel Management (OPM) maintains a list of federal agencies and sub-agencies, along with their organizational charts and employee headcounts: https://www.opm.gov/policy-data-oversight/data-analysis-documentation/federal-employment-reports/historical-tables/total-government-employment-since-1962/
This is a wonderful, quick access summary of our most valued possession as a nation. I can share easily with my kids. Thank you.
Nicely done my friend!