Introduction to American Law (Part 5)
By Kelley Keller
Knowing where we came from, where we are, and where we’re going as a country is important to all citizens — including journalists and communication specialists. I’m pleased to share the fifth part of a special series on American Law by Kelley Keller. It is excellent and covers the subject thoroughly, so I’m going to present it as a multiple-part series during the coming weeks. I encourage you to read each part as it will help you better understand the government you cover.
Welcome to Introduction to American Law (Part 5). If you missed Parts 1 through 4, you can find them here , here , here , and here. This is a building series, so be sure to read these parts before proceeding to this Part 5
The American Constitutional Convention took place in Philadelphia, Pennsylvania from May 25 to September 17, 1787. The delegates didn’t gather to draft a new Constitution, but to discuss improvements and potential amendments to the existing Articles of Confederation. However, once the convention, originally called the Federal Convention or Philadelphia Convention, got underway, the irredeemable deficiencies of the Articles of Confederation became increasingly obvious. Ultimately, the delegates agreed to scratch the Articles and to design a new system of government. But this new structure wouldn’t be a rebooting or recasting of a pre-existing system, it would be a completely new one that had never been tried before.
Just two months after the new Constitution was signed, James Madison shared his deep satisfaction with the convention’s development of an entirely new basis for human government, one where all governmental power comes from the people themselves, and defended its rightness for the United States.
In The Federalist Number 14 [30 November 1787], Madison wrote:
“Is it not the glory of the people of America that, whilst they have paid a decent regard to the opinions of former times and other nations, they have not suffered a blind veneration for antiquity, for custom, or for names, to overrule the suggestions of their own good sense, the knowledge of their own situation, and the lessons of their own experience?
To this manly spirit posterity will be indebted for the possession, and the world for the example, of the numerous innovations displayed on the American theatre in favor of private rights and happiness.
Had no important step been taken by the leaders of the revolution for which a precedent could not be discovered, no government established of which an exact model did not present itself, the people of the United States might, at this moment, have been numbered among the melancholy victims of misguided councils, must at best have been labouring under the weight of some of those forms which have crushed the liberties of the rest of mankind.
Happily, for America, happily we trust for the whole human race, they pursued a new and noble course. They accomplished a revolution which has no parallel in the annals of human society. They reared the fabrics of governments which have no model on the face of the globe. They formed the design of a great Confederacy, which it is incumbent upon their successors to improve and perpetuate.”
Understanding the gravity of the founders’ political innovations is key to understanding the uniqueness of America and its unprecedented devotion to human liberty. Many, however, allege that America has failed to live up to its ideals and has therefore rendered the founding principles moot. To these critics, the founding principles are simply unworkable for America today and should be tossed onto the ash heap of history.
But what will replace them?
The quest for the answer is where the rubber meets the road. It’s also where your work as a journalist will find its depth and meaning. Questioning assumptions and following their logical consequences will bring an understanding and clarity missing in a significant amount of journalism today, especially in stories about or relating to the law.
As we study the text, content, and meaning of the Constitution, always ask yourself:
If we ditch the Constitution in favor of something else, what is that something else?
What are we losing and what are we gaining in the process?
While much more can and will be said about the uniqueness of the founders’ political innovation, aptly described by Abraham Lincoln as a “government of the people, by the people, and for the people,” let’s get right to the text of the Constitution.
You may recall from Part 1 of this series that the Constitution, together with the Declaration of Independence, serve as both the organic and supreme law of the land and form the cornerstone of the entire American government. The Constitution is both the basis for and standard by which we judge the fidelity of our government and its system of laws to the principles it expresses and codifies.
The United States Constitution: An Outline
The U.S. Constitution has eight sections, including a Preamble and seven (7) articles. Each Article contains one or more Clauses.:
Preamble: Identifies the purpose of the Constitution
Article 1: Establishes the Legislative Branch (Congress)
Article 2: Establishes the Executive Branch (President)
Article 3: Establishes the Judiciary (Courts)
Article 4: Establishes ground rules for interstate relationships
Article 5: Establishes the amendment process
Article 6: Establishes the supremacy of the Constitution over the States
Article 7: Establishes Ratification Requirements
The Constitution has been amended 27 times, most recently in 1992.
Note that to better understand the role of the amendments, we italicize the original text that has been amended and offer a brief explanation in bold font.
The United States Constitution: The Text
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
Section 1: Congress
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
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.
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.
The 13th Amendment abolished slavery and the 14th Amendment provided that representation would be determined according to the whole number of persons in each state, not by the “three-fifths” of the slaves. Since American Indians are now taxed, they are counted for purposes of apportionment.
The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section 3: The Senate
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
The 17th Amendment provided for the direct popular election of Senators.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year;
and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
The filling of vacancies was altered by the 17th Amendment.
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.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Section 4: Elections
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing [sic] Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
The 20th Amendment changed the starting date for a session of Congress to noon on the 3rd day of January.
Section 5: Powers and Duties of Congress
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members,and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section 6: Rights and Disabilities of Members
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased [sic] during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Section 7: Legislative Process
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8: Powers of Congress
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 a 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 [S]upreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences 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 provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;-And
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.
Section 9: Powers Denied Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.’
This obsolete provision was designed as a practical matter to protect the slave trade from congressional restriction for approximately 20 years after the Constitution took effect. This was a compromise between the slave states where slavery was pivotal to the economy and the states where abolition had been accomplished or was contemplated.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
This was superseded by the 16th Amendment, which reads “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.”
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section 10: Powers Denied to the States
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul [sic] of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Copyright © Kelley Keller, 2025
Next Part
The next part of this special American Law series will look at Articles 2 - 7 of the U.S. Constitution.
Kelley Keller is a writer, researcher, and public speaker focusing on themes and issues at the intersection of law, society, and worldview and why they matter to everyday Americans. In addition to writing for third-party publications, Kelley publishes The Savvy Citizen, an online magazine with a supporting podcast chock full of insights on the rights and responsibilities of American citizenship and how those rights are secured by and protected under the U.S. Constitution and the government it creates.
Before her writing career, Kelley spent 27 years working on intellectual property, privacy, and Internet law matters in various professional capacities, including 8 years supporting international training programs on trade-related aspects of intellectual property and 15 years in the private practice of law. Kelley’s work took her to numerous countries, including China, Hong Kong, Malaysia, Turkey, Kenya, and South Africa, giving her significant breadth and depth of experience with complex matters having a global impact. Most recently, Kelley presented a seminar on Lawfare in Great Power Competition at the Führungsakademie der Bundeswehr (German Army Staff College) in Hamburg, Germany.
Kelley holds a Bachelor of Arts from Penn State, a Juris Doctor from The Catholic University of America, and is a candidate for the Doctor of Ministry in Apologetics degree at Southern Evangelical Seminary. In September 2024, she was commissioned as a Fellow with the Colson Center for Worldview.
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