The Structure of the Constitution The Constitution has three main parts: preamble, seven articles, and 27 amendments
Article I- The Legislative Branch Congress is made up of two houses: the Senate and the House of Representatives Congress will carry out the legislative duties of government
Lists the powers given to Congress: to tax, regulate trade, coin money, declare war Lists the powers that are denied to Congress: power to tax exports
Article II- The Executive Branch Provides for the Executive Branch (the President and Vice President) to carry out the duties Explains how the two leaders are chosen Lists the President’s powers, including, commanding the armed forces, make treaties with other nations, pardon criminals, appoint certain government officials (must be approved by the Senate)
Article III- The Judicial Branch Gives the judicial branch the powers of government to the Supreme and federal courts Judges are appointed by the President and serve for life Courts will judge all cases Supreme Court is in charge of making sure other courts do not violate the Constitution
Article IV- explains the relationship between the states and federal government Article V- specifies how the Constitution can be changed Article VI- general provisions about government Article VII- Ratification of Constitution
Amending the Constitution Both processes explained in Article V Amendment may be proposed in two ways: By a 2/3 vote of both houses of Congress By 2/3 of state legislatures requesting a national convention (this particular process has never been used)
Once the amendment has been proposed, it must be ratified by ¾ of the states Two ways to ratify By a vote in each state legislature By calling special state conventions (only the 21st Amendment was ratified in this way) Congress proposed and the states ratified all other amendments
Writers of the Constitution made the process difficult on purpose Change would have to have the overwhelming support of the people Amendment process is necessary to safeguard our freedoms If the Constitution could not have been amended to protect its people, such as blacks an women, then it would not have survived
Interpreting the Constitution Writers of the Constitution tried to keep the document as general as possible to adhere to a changing world Lots of detail on some matters, others left open for interpretation
The Necessary and Proper Clause Phrase found in Article I Allows Congress to make all laws which are necessary and proper in order for them to carry out their duties Most interpreted phrase in the Constitution Allows Congress to exercise powers not specifically listed in the Constitution (known as implied powers) Most governmental policies today are based on implied powers
Interpretation by the Courts Has the final responsibility for interpretation of the Constitution Each new interpretation allows government to change and grow
Interpretation through Congressional and Presidential Actions Congress- impeachment proceedings- House of Representatives decides whether or not to impeach and the Senate determines guilt or innocence Prior to the 25 Amendment, Presidential Succession- Vice President assumes the President's Office upon death Presidential Agreements with other nations President requests legislation through Congress
Interpretation through Customs Political parties (not mentioned within the Constitution)