The Structure of the US Constitution

The greatest document to govern any nation

Article I: the Legislative Branch

• The Legislative Branch writes the laws.• The duties of the offices of the US

House and Senate are detailed.• The most noteworthy part: Section 8,

which lists the powers of the legislature• Power to tax• Commerce Clause• More in Chapter 8

Necessary and Proper Clause

• Article I Section 8• Gives Congress the authority to pass

all laws “necessary and proper” to carry out the enumerated powers.

• Resulted in more power for Congress/national government.

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Article II: The Executive Branch

• The Executive Branch enforces the laws.• The qualifications, election and powers of

the office of the president are detailed.• There has been an increase in

the power of the president through time, a trend that bothers some scholars.

Article III: the Judicial Branch

• The Judicial Branch interprets the law based on judicial review.

• The basis of the Judicial Branch’s power is the US Constitution. Rulings are issued based on each court’s interpretation of the forefathers’ intentions.

• The key case: Marbury v. Madison

Article IV: Relations Among the States

• In order for the Constitution to work, the states must get along and work together (unlike under the Articles of Confederation)

• Full faith and credit clause• respect the "public acts, records, and

judicial proceedings" of other states. • Privileges and immunities clause

• prevents a state from treating citizens of other states in a discriminatory manner, with regard to basic civil rights. •right to travel

Article V: Amending the Constitution

• There are four methods to amend the Constitution:• Two methods to propose:

• 2/3 of each house of the legislature proposes an amendment OR

• A national convention votes to propose an amendment

• Two methods to ratify:• 3/4 of state legislatures vote to ratify the

amendment OR• 3/4 of state conventions vote to ratify the

amendment

Article VI: National Supremacy Clause

• In short, the Constitution is the highest law in the land.

• If a national law conflicts with a state law, the national law takes precedence.

• Has led to a growth of the national government’s power.

Article VII: Ratification

• The process of making the Constitution the official governing document.

• From that point on, when a state met the requirements to transition from territory to state, the ratification of the US Constitution was the last step.

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Checks and Balances: Legislative Branch

How does the Legislative Branch check the other two branches?

Checks on the Executive:•can override a veto•confirms presidential appointments•ratifies treaties•can impeach and remove from office

Checks on the Judicial Branch:•creates/restructures the courts•can impeach and remove from office

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Checks and Balances: Executive Branch

How does the Executive Branch check the other two branches?

Checks on the Legislature:•can veto a bill passed by Congress

Checks on the Judicial Branch:•nominates judges to the federal courts•grants pardons

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Checks and Balances: Judicial Branch

How does the Judicial Branch check the other two branches?

Checks on the Legislature:•use of judicial review of acts passed by Congress

Checks on the Executive Branch:•use of judicial review of actions taken by the Executive Branch•can issue injunctions