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 ConstitutionParts of the Constitution

The “Preamble”The “Preamble”

““Preamble”Preamble”Introduction to the Constitution that lists the Introduction to the Constitution that lists the

Six Goals of GovernmentSix Goals of Government“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.”

Goal #1: To Form a more Goal #1: To Form a more perfect Unionperfect Union

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

Goal #2: To establish JusticeGoal #2: To establish Justice

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

Goal #3: To insure domestic Goal #3: To insure domestic TranquilityTranquility

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

Goal #4: To provide for the Goal #4: To provide for the common defensecommon defense

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

Goal #5: To promote the general Goal #5: To promote the general WelfareWelfare

To help people live healthy, happy, and prosperous lives

Goal #6: To secure the Blessings of Goal #6: To secure the Blessings of Liberty to ourselves and our Liberty to ourselves and our

PosterityPosterityTo guarantee the freedom and basic rights

of all Americans, including future generations (“posterity”).

The “Articles”The “Articles”Lists the functions and purposes of the Lists the functions and purposes of the

governmentgovernment

Article I – “L”Article I – “L”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 II – “E”Article II – “E”Article II establishes the Executive

Branch (U.S. President & Vice President).It establishes procedures for electing the

president and vice presidentPresident has the task of “carrying out

laws”.

Article III – “J”Article III – “J”Article III establishes the Judicial Branch

(U.S. Supreme Court with 9 justices).It establishes the powers of the Court and

the cases they will hear.Supreme Court has the task of

“interpreting our laws”.

Article IV – “R”Article IV – “R”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.

Article V – “A”Article V – “A”Article V discusses the amendments of the

Constitution (currently 27)“Amending” (or changing) allows the

Constitution to change with the times.“Bill of Rights” are the first 10

amendments

Article VI -- “S” Article VI -- “S” 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 VII – “R”Article VII – “R”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 option (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 8

Interpreting the ConstitutionInterpreting the Constitution Known as the “Elastic

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

This is an “implied power” which are powers 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

Although not in the Constitution, the creation of political parties has also changed the way we look at this document.