Chapter 3

Structure of the Constitution Preamble - Introduction and statement of purpose; Seven Articles - each articles covers a different topic –Sections Clauses Amendments - changes/additions –Bill of Rights - First ten amendments –27 total amendments

The Legislative Branch Article I - The Legislature Two Houses of Congress House of Representatives The Voice of the People Based on population Senate The Voice of the States Two senators per state

The Legislative Branch Enumerated Powers (Art. I, §8) - Powers specifically listed in the Constitution: Regulate Interstate Commerce Levy Taxes Borrow Money Declare War

The Legislative Branch Implied Powers - Powers not specifically listed but implied by the text and the structure of the constitution. Necessary & Proper Clause Congress has the right to make all laws which are necessary and proper for carrying out its other enumerated powers McCulloch v. Maryland - Bank of the U.S.

The Executive Branch Article II - The Executive Enumerated Powers Commander in Chief Appointments & Commissions Heads of Departments, Ambassadors, Judges, Military Officers Must be approved by Senate Power to Make Treaties Issue Pardons State of the Union

Executive Branch Implied Powers “The executive power shall be vested in a President of the United States…” The President must ensure that laws are “faithfully executed” Foreign Affairs - The Supreme Court has declared that the President is the “sole organ of foreign affairs.”(Ex Parte McCardle)

Judicial Branch Article III - The Judiciary Establishes one Supreme Court Powers given to Congress to establish other inferior (lower) courts Judges serve during good behavior.

Judicial Branch Federal Court Jurisdiction Federal Question - cases involving the Constitution, federal laws or treaties; Diversity - Cases between citizens of different states or between U.S. citizens and citizens of other countries Ambassadors or Public Ministers Admiralty or Maritime U.S. is a party State v. State **ALL OTHER CASES GO TO STATE COURT**

Judicial Branch Jurisdiction of the Supreme Court Original Ambassadors or Public Ministers A State is a party Appellate All other cases fall under the Court’s appellate jurisdiction

Amending the Constitution Article V - Formal procedures for Amending the Constitution Proposing an Amendment 2/3 Vote of Congress* State Convention Ratifying an Amendment 3/4 State Legislatures* 3/4 State Ratifying Conventions