The Structure of the Constitution

The Constitution has three main parts: preamble, seven articles, and

27 amendments

Why???

The system of checks and balances enables each branch of government to limit the power of the other branches.

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 chosenLists 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 BranchGives the judicial branch the powers of

government to the Supreme and federal courts

Judges are appointed by the President and serve for life and approved by the Senate

Courts will judge all cases (determines the constitutionality of new laws) (Interpret laws)

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

ActivityYou will complete a flip chart for the three

branches of government that will include the following: (Title is Branches of Government)Name (The Article and the Branch)5 factsWhat is most important about this position?And illustrationAt least 2 important individuals that represent

that branch (could be current or past)You will need the book to find some Supreme

Court Justices

Amending the Constitution

Both processes explained in Article V Amendment may be proposed in two

ways:1.By a 2/3 vote of both houses of

Congress2.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 ratify1.By a vote in each state legislature 2.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 Constitution can be changed by amending or interpretation.

The Necessary and Proper ClausePhrase found in Article IAllows Congress to make all laws which are

necessary and proper in order for them to carry out their duties

Most interpreted phrase in the ConstitutionAllows Congress to exercise powers not

specifically listed in the Constitution (known as implied powers)

Most governmental policies today are based on implied powers (to pass laws that the country needs

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 nationsPresident requests legislation through

Congress

Interpretation through Customs

Political parties (not mentioned within the Constitution)

Activity

Students will make a tab chart that will list the 1st seven amendments

Each tab should have the following:What is the amendment?What the purpose of the amendment is?

Students will discuss the different amendments.

Activity ContinuedHave students analyze their graphic

organizers/outlines and use them to write a persuasive essay (three to five paragraphs) that describes which branch of government is stronger and explains the reasons why. The essay must make specific references to the United States Constitution, citing article, section, and clause to support their arguments and points of view.