The U.S. Constitution in plain language

Much of GED Social Studies civics comes back to one document: the U.S. Constitution. You will not be asked to recite it. You will be asked to read a short piece of it, or a situation based on it, and decide which rule applies. This guide explains how the document is organized, who holds which powers, and which amendments matter most.

How the document is organized

The Constitution has three parts: a one-sentence Preamble, seven articles, and 27 amendments. The Preamble opens with “We the People” and lists the goals of the government, such as forming “a more perfect Union,” establishing justice, and securing “the Blessings of Liberty.” Those first three words express popular sovereignty, the idea that the government’s power comes from the people.

Each of the first three articles sets up one branch of government, so a quoted passage from Article II is about the president.

  • Article I: Congress, the legislative branch, which makes laws.
  • Article II: the president, the executive branch, which carries out laws.
  • Article III: the Supreme Court and lower federal courts, the judicial branch.
  • Article IV: how the states relate to one another and to new states.
  • Article V: how the Constitution is amended.
  • Article VI: the Constitution is the “supreme Law of the Land.”
  • Article VII: how the original document was ratified.

Separation of powers and checks and balances

The framers split power among three branches, which is separation of powers, and gave each branch ways to limit the others, which is checks and balances. GED questions often describe one action and ask which branch is checking which.

House seats are divided among the states by population, with two-year terms. Each state has two senators, who serve six-year terms. The president serves four years and, under the 22nd Amendment, can be elected no more than twice. Federal judges usually serve for life.

  • The president can veto a bill; Congress can override the veto with a two-thirds vote in both chambers.
  • The president makes treaties and appoints judges and officials; the Senate must approve treaties by two-thirds and confirm appointments.
  • The House can impeach a federal official; the Senate holds the trial, and conviction takes two-thirds of the senators present.
  • Courts can strike down laws or actions that conflict with the Constitution. This power, judicial review, was established in Marbury v. Madison (1803).
  • Congress declares war and controls spending; the president commands the armed forces.

Worked example

Congress passes a bill, and the president vetoes it. In the House, 300 of the 435 members vote to override. In the Senate, 64 of the 100 senators vote to override. Does the bill become law? Assume every member votes.

  1. Recall the rule: an override needs two-thirds of each chamber.
  2. Check the House: two-thirds of 435 is 290. Since 300 is more than 290, the House vote succeeds.
  3. Check the Senate: two-thirds of 100 is about 66.7, so 67 votes are needed. Since 64 is less than 67, the Senate vote fails.
  4. Conclusion: both chambers must succeed, so the veto stands and the bill does not become law.

Federalism: national and state powers

Federalism means power is shared between the national government and the states. The Constitution lists national powers, called enumerated or delegated powers, such as coining money, regulating trade between states and with other countries, and declaring war. The 10th Amendment reserves powers not given to the national government, and not denied to the states, to the states or the people. Running elections and issuing driver’s licenses are state roles.

Some powers belong to both levels. These concurrent powers include taxing, borrowing money, and setting up courts. When a valid national law and a state law truly conflict, the Supremacy Clause in Article VI means the national law wins.

Worked example

Sort these powers into national, state, or concurrent: printing currency, collecting a sales tax, signing a treaty with Canada, setting the requirements for a marriage license.

  1. Printing currency: the Constitution gives Congress the power to coin money, so it is a national power.
  2. Collecting a tax: both levels may tax, so it is concurrent.
  3. Signing a treaty: Article I forbids states from making treaties, so it is national.
  4. Marriage license requirements: this is not a delegated power, so it is reserved to the states.

Amendments: how they happen and which ones matter

Article V makes the Constitution hard to change on purpose. An amendment is usually proposed by a two-thirds vote in both the House and the Senate, then ratified by three-fourths of the states. (A national convention called by two-thirds of the states is also allowed but has never been used.)

The first ten amendments, the Bill of Rights, were added in 1791 to protect individual rights. Later amendments expanded who has rights and who can vote. Recognize what each of these does.

  • 4th: protection against unreasonable searches and seizures; warrants require probable cause.
  • 5th: no one has to testify against themselves, cannot be tried twice for the same crime, and gets due process.
  • 6th: a speedy, public trial by jury and the right to a lawyer in criminal cases.
  • 8th: no excessive bail or fines and no cruel and unusual punishment.
  • 13th, 14th, 15th: ended slavery, guaranteed citizenship and equal protection of the laws, and barred denying the vote based on race.
  • 19th: barred denying the vote based on sex. 26th: set the voting age at 18.

Applying the text to a situation

A common question gives an excerpt and a situation. Restate the excerpt in plain words, decide who it limits (usually the government) and what it protects, then check each choice.

Worked example

The 4th Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Which situation raises the clearest 4th Amendment question: a store owner checking a worker’s locker, police entering a home with no warrant and no emergency, or a city raising its property tax?

  1. Restate the text: the government may not search people or their homes and belongings unreasonably.
  2. Check the store owner: a private employer is not the government, so the amendment does not directly apply.
  3. Check the police entry: police are government agents, and a home is named in the text.
  4. Check the tax: taxing is not a search or a seizure, so the amendment does not apply.
  5. Answer: police entering a home with no warrant and no emergency.

Frequently asked questions

Do I need to memorize the Constitution for the GED?
No. Excerpts are printed with the questions. Knowing how the document is organized helps you read and apply them quickly.
What is the difference between separation of powers and federalism?
Separation of powers divides the national government into three branches. Federalism divides power between the national government and the states.
Does the Bill of Rights limit private businesses?
Generally no. The Bill of Rights limits government action. A private employer’s rules are usually governed by other laws, not by these amendments directly.