The Structure of the Constitution Chapter 3.3 The Structure of the Constitution

The Constitution and Its Parts The main purpose of the Constitution is to provide a framework for gov’t, but it is also the highest authority in the nation. The powers of all branches come from it. It has three main parts: the Preamble, seven articles and amendments. The Preamble states the goals and purposes of gov’t. The first part makes clear that gov’t gets its power from the people and exists to serve them.

continued The Preamble states six purposes: “To form a more perfect Union”, “To establish Justice”, “To insure domestic Tranquility”, “To provide for the common defense”, “To promote the general Welfare”, and “To secure the Blessings of Liberty to ourselves and our Posterity”. The articles explain how gov’t is to work. The first three articles describe the powers and responsibilities of the three branches of gov’t.

continued Article I describes the legislative branch as two houses with lawmaking authority. It then describes how members will be chosen. The article also lists specific powers Congress does and does not have. Article II establishes the executive or law enforcing, branch headed by a president and vice-president. It explains how these leaders will be elected and can be removed, and describes their powers and duties.

continued Article III establishes the judicial branch to interpret and apply the laws. It calls for one Supreme Court plus lower courts and describes the powers of federal courts.

continued Article IV says that all states must respect one another’s laws and explains the process of creating new states. Article V specifies how the Constitution can be amended. Article VI declares that the Constitution is the “supreme Law of the Land” and federal law prevails over state law. Article VII states that the Constitution would take effect when nine states ratify it.

Amending the Constitution An amendment is any change to the Constitution. The first 10 amendments are the Bill of Rights. The 16th amendment allows Congress to collect an income tax – a tax on people’s earnings. The Framers made sure that the Constitution could not be altered without overwhelming support of the people. Only 27 amenments have become law.

continued The amendment process involves two steps: proposal and ratification. An amendment may be proposed by a vote of 2/3rds of both houses of Congress or by a national convention requested by 2/3rds of the state legislatures. Once proposed, an amendment must be ratified by 3/4ths of the states. The states can do this by a vote of either the state legislature or a special state convention.

Interpreting the Constitution The Constitution is a general document and OPEN TO INTERPRETATION. Article I gives Congress the power “to make all Laws which shall be necessary and proper” to carry out its duties. This necessary and proper clause allows Congress to exercise implied powers not specifically listed in the Constitution.

continued Americans disagree on what laws are “necessary and proper”. Loose interpreters believe that Congress can make any laws not specifically forbidden. Strict interpreters believe Congress can make only the kinds of laws mentioned by the Constitution. The Supreme Court has the final authority on interpreting the Constitution. Each new interpretation, whether strict or loose, changes our gov’t.

continued Actions by Congress and the president have also caused new interpretations. For example, the president requests legislation from Congress. This action is not directed by the Constitution. Custom also changes the interpretation of the Constitution. For example, political parties, not mentioned in the Constitution, are part of today’s political system.