U.S. Constitution in the context of "U.S. presidential election"

Play Trivia Questions online!

or

Skip to study material about U.S. Constitution in the context of "U.S. presidential election"




⭐ Core Definition: U.S. Constitution

The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution defined the foundational structure of the federal government.

The drafting of the Constitution by many of the nation's Founding Fathers, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Influenced by English common law and the Enlightenment liberalism of philosophers like John Locke and Montesquieu, the Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into the legislative, bicameral Congress; the executive, led by the president; and the judiciary, within which the Supreme Court has apex jurisdiction. Articles IV, V, and VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the process of constitutional amendment. Article VII establishes the procedure used to ratify the constitution.

↓ Menu

In this Dossier

U.S. Constitution in the context of Federal government of the United States

The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States.

The U.S. federal government is composed of three distinct branches: legislative, executive, and judicial. The powers of these three branches are defined and vested by the U.S. Constitution, which has been in continuous effect since March 4, 1789. The powers and duties of these branches are further defined by Acts of Congress, including the creation of executive departments and courts subordinate to the U.S. Supreme Court.

↑ Return to Menu

U.S. Constitution in the context of Speaker of the United States House of Representatives

The speaker of the United States House of Representatives, commonly known as the speaker of the House or House speaker, is the presiding officer of the United States House of Representatives, the lower chamber of the United States Congress. The office was established in 1789 by Article I, Section II, of the U.S. Constitution. By custom and House rules, the speaker is the political and parliamentary leader of the House and is simultaneously its presiding officer, de facto leader of the body's majority party, and the institution's administrative head. Speakers also perform various other administrative and procedural functions. Given these many roles and responsibilities, the speaker usually does not personally preside over debates—that duty is instead delegated to members of the House from the majority party—nor regularly participate in floor debates.

The Constitution does not explicitly require the speaker to be an incumbent member of the House of Representatives, although every speaker thus far has been. If an incumbent member, the speaker also represents their district and retains the right to vote. The speaker is second in the United States presidential line of succession, after the vice president and ahead of the president pro tempore of the Senate.

↑ Return to Menu

U.S. Constitution in the context of Freedom of speech in the United States

In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the U.S. Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government. The term "freedom of speech" embedded in the First Amendment encompasses the decision of what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. Some laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary to coworkers or attempting to organize a labor union.

The First Amendment's freedom of speech right not only proscribes most government restrictions on the content of speech and ability to speak, but also protects the right to receive information, prohibits most government restrictions or burdens that discriminate between speakers, restricts the tort liability of individuals for certain speech, and prevents the government from requiring individuals and corporations to speak or finance certain types of speech with which they do not agree.

↑ Return to Menu

U.S. Constitution in the context of United States presidential election

The election of the president and vice president of the United States is an indirect election in which citizens of the United States who are registered to vote in one of the fifty U.S. states or in Washington, D.C., cast ballots not directly for those offices, but instead for members of the Electoral College. These electors then cast direct votes, known as electoral votes, for president and for vice president. The candidate who receives an absolute majority of electoral votes (at least 270 out of 538, since the Twenty-third Amendment granted voting rights to citizens of D.C.) is then elected to that office. If no candidate receives an absolute majority of the votes for president, the House of Representatives elects the president; likewise if no one receives an absolute majority of the votes for vice president, then the Senate elects the vice president.

United States presidential elections differ from many other republics around the world (operating under either the presidential system or the semi-presidential system) which use direct elections from the national popular vote ('one person, one vote') of their entire countries to elect their respective presidents. The United States instead uses indirect elections for its president through the Electoral College, and the system is highly decentralized like other elections in the United States. The Electoral College and its procedure are established in the U.S. Constitution by Article II, Section 1, Clauses 2 and 4; and the Twelfth Amendment (which replaced Clause 3 after its ratification in 1804). Under Clause 2, each state casts as many electoral votes as the total number of its Senators and Representatives in Congress, while (per the Twenty-third Amendment, ratified in 1961) Washington, D.C., casts the same number of electoral votes as the least-represented state, which is three. Also under Clause 2, the manner for choosing electors is determined by each state legislature, not directly by the federal government. Many state legislatures previously selected their electors directly, but over time all switched to using votes cast by state voters to choose the state's members of the electoral college (electors). Beyond the parameters set in the U.S. Constitution, state law, not federal, regulates most aspects of administering the popular vote, including most of the voter eligibility and registration requirements.

↑ Return to Menu

U.S. Constitution in the context of William Henry Harrison

William Henry Harrison (February 9, 1773 – April 4, 1841) was the ninth president of the United States, serving from March 4 to April 4, 1841, the shortest presidency in U.S. history. He was also the first U.S. president to die in office, causing a brief constitutional crisis, since presidential succession was not then fully defined in the U.S. Constitution. Harrison was the last president born as a British subject in the Thirteen Colonies. He was a member of the Harrison family of Virginia, and a son of Benjamin Harrison V, who was a U.S. Founding Father. His own son John Scott Harrison was the father of Benjamin Harrison, the 23rd U.S. president.

Harrison was born in Charles City County, Virginia. In 1794, he participated in the Battle of Fallen Timbers, an American military victory that ended the Northwest Indian War. In 1811, he led a military force against Tecumseh's confederacy at the Battle of Tippecanoe, for which he earned the nickname "Old Tippecanoe". He was promoted to major general in the Army during the War of 1812, and led American infantry and cavalry to victory at the Battle of the Thames in Upper Canada.

↑ Return to Menu

U.S. Constitution in the context of Guantanamo Bay detention camp

The Guantanamo Bay detention camp, also known as GTMO (/ˈɡɪtm/ GIT-moh), GITMO (/ˈɡɪtm/ GIT-moh), or simply Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in 2002 by President George W. Bush to hold terrorism suspects and "illegal enemy combatants" during the "war on terror" following the September 11 attacks. As of January 2025, at least 780 people from 48 countries have been detained at the camp since its creation, of whom 756 had been released or transferred to other detention facilities, 9 died in custody, and 15 remain.

Following the September 11 attacks, the U.S. led a multinational military operation against Taliban-ruled Afghanistan to dismantle al-Qaeda and capture its leader, Osama bin Laden. During the invasion, in November 2001, Bush issued a military order allowing the indefinite detention of foreign nationals without charge and preventing them from legally challenging their detention. The U.S. Department of Justice claimed that habeas corpus—a legal recourse against unlawful detention—did not apply to Guantanamo because it was outside U.S. territory. In January 2002, a temporary detention facility dubbed "Camp X-Ray" was created to house suspected Al-Qaeda members and Taliban fighters. By May 2003, the Guantanamo Bay detention camp had grown into a larger and permanent facility that housed over 680 prisoners, most without formal charges. The Bush administration maintained it was not obliged to grant prisoners protections under the U.S. Constitution or the Geneva Conventions, since the former did not extend to foreign soil and the latter did not apply to "unlawful enemy combatants". Humanitarian and legal advocacy groups claimed these policies were unconstitutional and violated international human rights law; several landmark U.S. Supreme Court decisions found that detainees had rights to due process and habeas corpus but were still subject to military tribunals.

↑ Return to Menu