Chapter 3
Structure of the Constitution
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
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
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The Voice of the People
Based on population
• Senate
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•
The Voice of the States
Two senators per state
The Legislative Branch
•
Enumerated Powers (Art. I, §8) Powers specifically listed in the
Constitution:
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•
•
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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
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•
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
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•
2/3 Vote of Congress*
State Convention
• Ratifying an Amendment
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3/4 State Legislatures*
3/4 State Ratifying Conventions