chapter three, section three. the structure of the constitution

Chapter Three, Section ThreeChapter Three, Section Three

““The Structure of the Constitution”The Structure of the Constitution”

““Supreme Law of the Land”Supreme Law of the Land”

““Supreme Law of the Land”Supreme Law of the Land”

The new “U.S. Constitution” is the highest authority in the nation.

All power of the U.S. Government is derived from this document.

Parts of the Constitution – 3 Parts of the Constitution – 3 partsparts

The “Preamble”The “Preamble”

““Preamble”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 defense, 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.”

To Form a more perfect UnionTo Form a more perfect Union

To unite the states more effectively so they can operate as a single nation, for the good of all

To establish JusticeTo establish Justice

To create a system of fair laws and courts and make certain that all citizens are treated equally.

To insure domestic TranquilityTo insure domestic Tranquility

To maintain peace and order, keeping citizens and property safe from harm.

To provide for the common defenseTo provide for the common defense

To be ready militarily to protect the country and it’s citizens from outside attack.

To promote the general WelfareTo promote the general Welfare

To help people live healthy, happy, and prosperous lives

To secure the Blessings of Liberty To secure the Blessings of Liberty to ourselves and our Posterityto ourselves and our Posterity

To guarantee the freedom and basic rights of all Americans, including future generations (“posterity”).

The 7 “Articles” The 7 “Articles” LEJ RASRLEJ RASR

Article IArticle I

Article I establishes the Legislative Branch (U.S. Congress).

It creates the “Senate” and the “House of Representatives”.

Congress has the task of “making laws”.Only Congress can declare war or coin

money.

Article IIArticle II

Article II establishes the Executive Branch (U.S. President & Vice President).

It establishes procedures for electing the president and vice president

President has the task of “carrying out laws”.

Article IIIArticle IIIArticle III establishes the Judicial Branch –

which is comprised of the “U.S. Supreme Court (with 9 justices) and other lower courts”

It establishes the powers of the Court and the cases they will hear.

Supreme Court has the task of “interpreting our laws”.

Article IVArticle IV

Article IV establishes the relations of the states and the rights of citizens.

It establishes “good will” among states.Promises U.S. protection of the states and

their citizens

Article VArticle V

Article V discusses the amendments to the Constitution (currently 27)

“Amending” (or changing) allows the Constitution to change with the times.

“Bill of Rights” are the first 10 amendments

Article VIArticle VI

Article VI discusses the “supremacy” of the Constitution.

The Constitution is the highest authority in the land.

If state law contradicts the Constitution, the Constitution wins.

Article VIIArticle VII

Article VII discusses the “ratification” (or approval) of the Constitution.

It requires 9 out of 13 states to ratify before the Constitution can go into effect.

Amending the ConstitutionAmending the Constitution

Amending the ConstitutionAmending the Constitution

1791, the first “amendments” were added to the Constitution.

These are the “Bill of Rights”.

Thousands have been suggested, but only 27 have been made!

Amending the ConstitutionAmending the Constitution

All amendments must begin by being “proposed”

To propose an amendment, it requires either a – (1) vote of 2/3 of both houses of Congress OR– (2) national convention called for by 2/3 of

state legislatures.

Most amendments begin with (1)…

Amending the ConstitutionAmending the Constitution

All amendments must end by being “ratified”

To ratify an amendment, it requires either a – (1) ¾ of state legislatures approval OR – (2) ¾ of state Ratifying Conventions.

Only Amendment 21 ratified by (2)…

Interpreting the ConstitutionInterpreting the Constitution

The “Necessary and Proper Clause” states Congress has the power to make all Laws which shall be “necessary and proper”

Article I, Section 8, Clause 18

Interpreting the ConstitutionInterpreting the Constitution Also known as the

“Elastic Clause”, this gives Congress flexibility to make what laws it seems are necessary and proper.

This is an “implied power” and not specifically mentioned.

Interpreting the ConstitutionInterpreting the Constitution Supreme Court

decisions also have a major impact.

They have final authority on “interpreting” the Constitution.

These have differed over time depending on the make up of the Court.

Interpreting the ConstitutionInterpreting the Constitution

Congress and the presidents have also interpreted the Constitution

Cases of impeachment and presidential succession.

Interpreting the ConstitutionInterpreting the Constitution

Interpretation of the Constitution has also changed through custom and tradition * i.e political parties