How is the Constitution structured? Lesson 14 Objectives You will be able to identify and analyze the U.S. Constitution’s structure. The Constitution Facts and Characteristics provides a framework for the U.S. government is the basic law of the U.S. is the highest authority in the U.S. – “supreme law of the land” all branches of government get its power from it it is a symbol of our nation it represents our system of government it represents our basic beliefs and ideals such as freedom and liberty 1 Framework of the Constitution The Constitution consists of three main parts. Preamble – the introduction of the Constitution The Articles – explains how are government works Amendments – changes to the Constitution Part 1 - Preamble It tells why the Constitution was written. It is a single sentence that provides six purposes of our government. 1. “to form a more perfect union” 2. “to establish justice” 3. “to insure domestic tranquility” 4. “to provide for the common defense” 5. “to promote the general welfare” 6. “to secure the blessings of liberty to ourselves and our posterity” 2 Part 2 – The Articles There are 7 articles that explain how the government is to work. Article I – The Legislative Branch Congress is made up of two houses – Senate and the House of Representatives- and describes how members of each house will be chosen and what rules they must follow in making laws. It also lists specific powers that Congress does and does not have. Article 2 Article 2: The Executive Branch calls for a law-enforcing branch of government headed by a president and vice president. It explains how these leaders are to be elected and how they can be removed from office and describes some of the president’s powers and duties. 3 Article 3 Article 3: The Judicial Branch interprets the laws and sees that they are fairly applied. It calls for “one supreme court” and lower courts and Congress deems appropriate. It lists the powers of the federal courts and describes the kinds of cases they may hear. Articles 4-5 Article 4: says that all states must respect each other’s laws, court decisions, and records. It also explains the process for creating new states and promises that the federal government will protect and defend the states. Article 5: Specified how amendments are to be made. 4 Articles 6-7 Article 6: Contains “Supreme Law of the Land” and adds that if state laws or court decisions conflict with federal law, the federal law shall prevail. Article 7: Constitution would take effect when nine states had ratified it. Amending the Constitution Since the Constitution was signed in 1787, it has been amended 27 times!!! The first 10 amendments are called the Bill of Rights. 5 Proposal and Ratification First method is by congressional action. A vote of 2/3rd of the members of both houses of Congress is required. Second method is by a national convention requested by 2/3rd of the state legislatures. Once an amendment has been proposed, 3/4th of the states must ratify it. The states have 2 ways to do this: by a vote of either the state legislature or a special state convention. The 21st Amendment is the only one ratified by means of state conventions. SEE CHART ON PG 85 The Necessary and Proper Clause Article I Section 8 Clause 18 AKA “Elastic Clause” Allows Congress to exercise powers that are not specifically listed in the Constitution. These powers are known as “implied powers”!!! 6 Interpretation through Court Decisions!! The Supreme Court has the final authority on interpreting the Constitution. Interpretation Through Congressional and Presidential Actions!!! The Constitution allows the House of Representatives to impeach, or accuse, federal officials, while the Senate determines the person’s guilt or innocence. 7 Review Questions 1. What is the purpose of the Preamble to the U.S. Constitution? 2. In what two ways can an amendment to the U.S. Constitution be ratified? How are the states involved in these processes? 3. Which part of the Constitution do you think is most important? Why? 4. In table form, outline the structure of the Constitution and provide brief details about each part. 5. Give three examples of how the Constitution and the Articles of Confederation differ? 8
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