Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.
The Twelfth Amendment to the United States Constitution provides the procedure for electing the president and vice president. It replaced the procedure provided in Article II, Section 1, Clause 3, by which the Electoral College originally functioned. The amendment was proposed by the Congress on December 9, 1803, and was ratified by the requisite three-fourths of state legislatures on June 15, 1804. The new rules took effect for the 1804 presidential election and have governed all subsequent presidential elections.
The Seventeenth Amendment to the United States Constitution established the direct election of United States senators in each state. The amendment supersedes Article I, Section 3, Clauses 1 and 2 of the Constitution, under which senators were elected by state legislatures. It also alters the procedure for filling vacancies in the Senate, allowing for state legislatures to permit their governors to make temporary appointments until a special election can be held.
The 1788–1789 United States presidential election was the first quadrennial presidential election. It was held from Monday, December 15, 1788, to Saturday, January 10, 1789, under the new Constitution ratified that same year. George Washington was unanimously elected for the first of his two terms as president and John Adams became the first vice president. This was the only U.S. presidential election that spanned two calendar years without a contingent election and the first national presidential election in American history.
The United States Electoral College is the group of presidential electors required by the Constitution to form every four years for the sole purpose of appointing the president and vice president. Each state and the District of Columbia appoints electors pursuant to the methods described by its legislature, equal in number to its congressional delegation. Federal office holders, including senators and representatives, cannot be electors. Of the current 538 electors, an absolute majority of 270 or more electoral votes is required to elect the president and vice president. If no candidate achieves an absolute majority there, a contingent election is held by the House of Representatives to elect the president and by the Senate to elect the vice president.
The United States Constitution has served as the supreme law of the United States since taking effect in 1789. The document was written at the 1787 Philadelphia Convention and was ratified through a series of state conventions held in 1787 and 1788. Since 1789, the Constitution has been amended twenty-seven times; particularly important amendments include the ten amendments of the United States Bill of Rights and the three Reconstruction Amendments.
Oregon v. Mitchell, 400 U.S. 112 (1970), was a Supreme Court case which held that the United States Congress could set voting age requirements for federal elections but not for local or state elections. The case also upheld Congress's nationwide prohibition on literacy tests and similar "tests or devices" used as voting qualifications as defined in the Voting Rights Act of 1965.
The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention from the outset of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York, was to create a new Frame of Government rather than fix the existing one. The delegates elected George Washington of Virginia, former commanding general of the Continental Army in the late American Revolutionary War (1775–1783) and proponent of a stronger national government, to become President of the convention. The result of the convention was the creation of the Constitution of the United States, placing the Convention among the most significant events in American history.
A convention to propose amendments to the United States Constitution, also referred to as an Article V Convention or amendatory convention; is one of two methods authorized by Article Five of the United States Constitution whereby amendments to the United States Constitution may be proposed: two thirds of the State legislatures may call a convention to propose amendments, which become law only after ratification by three-fourths of the states. The Article V convention method has never been used; but 33 amendments have been proposed by the other method, a two-thirds vote in both houses of Congress; and 27 of these have been ratified by three-fourths of the States. Although there has never been a federal constitutional convention since the original one, at the state level more than 230 constitutional conventions have assembled in the United States.
Federalist No. 26, titled "The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered", is an essay written by Alexander Hamilton as the twenty-sixth of The Federalist Papers. It was published on December 22, 1787, under the pseudonym Publius, the name under which all The Federalist papers were published. Federalist No. 26 expands upon the arguments of a federal military Hamilton made in No. 24 and No. 25, and it is directly continued in No. 27 and No. 28.
Federalist No. 52, an essay by James Madison or Alexander Hamilton, is the fifty-second essay out of eighty-five making up The Federalist Papers, a collection of essays written during the Constitution's ratification process, most of them written either by Hamilton or Madison. It was published in the New York Packet on February 8, 1788, with the pseudonym Publius, under which all The Federalist papers were published. This essay is the first of two examining the structure of the United States House of Representatives under the proposed United States Constitution. It is titled The House of Representatives".
Federalist No. 66 is an essay by Alexander Hamilton, the sixty-sixth of The Federalist Papers. It was published on March 8, 1788, under the pseudonym Publius, the name under which all The Federalist papers were published. The title is "Objections to the Power of the Senate To Set as a Court for Impeachments Further Considered".
Federalist No. 68 is the 68th essay of The Federalist Papers, and was published on March 12, 1788. It was probably written by Alexander Hamilton under the pseudonym "Publius", the name under which all of the Federalist Papers were published. Since all of them were written under this pseudonym, who wrote what cannot be verified with certainty. Titled "The Mode of Electing the President", No. 68 describes a perspective on the process of selecting the chief executive of the United States. In this essay, the author sought to convince the people of New York of the merits of the proposed constitution. Number 68 is the second in a series of 11 essays discussing the powers and limitations of the executive branch and the only one to describe the method of selecting the president.
U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995), is a landmark U.S. Supreme Court decision in which the Court ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those the Constitution specifies. The decision invalidated 23 states' Congressional term limit provisions. The parties to the case were U.S. Term Limits, a nonprofit advocacy group, and Arkansas politician Ray Thornton, among others.
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215).
The Congressional Apportionment Amendment is a proposed amendment to the United States Constitution that addresses the number of seats in the House of Representatives. It was proposed by Congress on September 25, 1789, but was never ratified by the requisite number of state legislatures. As Congress did not set a time limit for its ratification, the Congressional Apportionment Amendment is still pending before the states. As of 2023, it is one of six unratified amendments.
The United States elections of 1788–1789 were the first federal elections in the United States following the ratification of the United States Constitution in 1788. In the elections, George Washington was elected as the first president and the members of the 1st United States Congress were selected.
The Electoral Count Act of 1887 (ECA) (Pub. L. 49–90, 24 Stat. 373, later codified at Title 3, Chapter 1) is a United States federal law adding to procedures set out in the Constitution of the United States for the counting of electoral votes following a presidential election. The Act was enacted by Congress in 1887, ten years after the disputed 1876 presidential election, in which several states submitted competing slates of electors and a divided Congress was unable to resolve the deadlock for weeks. Close elections in 1880 and 1884 followed, and again raised the possibility that with no formally established counting procedure in place, partisans in Congress might use the counting process to force a desired result.
The independent state legislature theory or independent state legislature doctrine (ISL) posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from state courts, governors, or other bodies with legislative power. Advocates of ISL ground their interpretation in the Elections and Electors Clauses of the U.S. Constitution. Where state legislatures enact laws that conflict with their state constitutions, including provisions added to those constitutions through ballot initiatives passed by a state's citizens, proponents of ISL believe that state legislation rather than state constitutions take precedence. They also argue that only the federal courts, not state courts, can resolve conflicts between state laws and state constitutions with respect to administration of federal elections within a state.
