The Constitution
Ch. 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 - Establishes a bicameral
legislature called Congress
• House of Representatives
•
•
The Voice of the People
Based on population
• 435 members total
•
Speaker of the House
• Elected by the House
• Senate
•
•
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The Voice of the States
Two senators per state
President Pro Tem
The Legislative Branch
•
The Enumerated Powers of Congress
(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 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 - Congress has the
power to create a national bank
The Executive Branch
•
Article II - Establishes the Executive
branch lead by a president.
•
Enumerated powers:
• Commander in Chief
• Veto legislation passed by Congress
• Appointments & Commissions
•
Heads of Departments, Ambassadors, Judges,
Military Officers
• 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 - Establishes the federal
judiciary;
• The Supreme Court
•
Does not specify the number of judges;
• Currently, 9 judges sit on the SC
• Congress can establish other inferior
(lower) courts;
• All federal judges serve during good
behavior.
Judicial Branch
•
Jurisdiction
• The power of a court to hear and decide a case
•
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 – The case starts in the SC
•
Only two types of cases:
• Ambassadors or Public Ministers
• A State is a party
•
Makes up less than 1% of the SC’s cases
• Appellate –The case starts in a lower court
and only reaches the SC on appeal (review).
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•
Most cases come to the SC on appeal;
The SC only hears about 3% of cases.
Amending the Constitution
•
Article V - Formal procedures for
Amending the Constitution
• Proposing an Amendment
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2/3rds of Congress vote on the amendment*
State Convention
• Ratifying an Amendment
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3/4 State Legislatures ratify the amendment*
3/4 State Ratifying Conventions