Objs. 6-7: Structure of the
Constitution
• The Constitution is organized like this:
1. The Preamble
2. The Articles
• articles: the numbered sections of the Constitution
• There are 7 articles
• The rules of our government are explained in the articles
3. The Amendments
• There are 27 total amendments (additions) to the Constitution
• Bill of Rights: the first 10 amendments to the Constitution
• Remember – amendments are still part of the Constitution, even
though they were added later on. They are just as important as the
Preamble and articles!
Part I: The Preamble
• Preamble: short
introduction to the
Constitution
• WE THE PEOPLE:
emphasizes
concept of popular
sovereignty
• “We the People of the United
States, in Order to form a
more perfect Union, establish
Justice, insure domestic
tranquility, provide for the
common defence, promote
the Welfare, and secure the
Blessings of Liberty to
ourselves and our posterity,
do ordain and establish this
Constitution for the United
States of America.”
Preamble: What does it mean?
• We the People: People, not a higher power
• A more perfect union: cooperation between
states
• Justice: Fair laws and fair trade
• Domestic Tranquility: Peace among citizens; no
more rebellions
• Defence: protection from other countries
• Welfare, security, and blessings: Access for all to
liberty and freedom
Part II: The Articles
• 7 Articles (sections)
–
–
–
–
Article I: Legislative Branch (Congress)
Article II: Executive Branch
Article III: Judicial Branch
Article IV: States – their relationships with the national
govt and with each other
– Article V: How to add amendments to the Const.
– Article VI: Declares the Constitution the supreme law
of the land
– Article VII: Explains how to ratify the Constitution
Article I: The Legislative Branch
• Article I: The Legislative Branch
– Article I establishes:
•
•
•
•
Congress has law-making power
Congress is bicameral (H.O.R. and Senate)
Qualifications for members of Congress
Rules, powers, and guidelines for Congress
Article II: The Executive Branch
• Article II: The
Executive Branch
– Enforces the laws
– Includes:
• Pres and Vice Pres
• Pres. Cabinet
• Executive Agencies
(ex. Dept of State,
Dept of Health)
• Independent
Current Executives
Article 3: The Judicial Branch
• Article III: The Judicial Branch
– Supreme Court: Decides constitutionality of laws
– Inferior Courts
• District
• Appeals
– Special Courts
•
•
•
•
Tax
Military
Federal Claims
Etc….
Article IV: The States
• Section 1: Each State must honor the
records and laws of all other States
• Section 2: States must treat residents of
other States equally to its own residents
• Section 3: Rules for admitting new States in
to the Union
• Section 4: Guarantee of a Republican form
of government in each State
– NOT Republican as in the political party
Article V: Amendments
• Amendments
– additions to the
Constitution
– Once added, they are
legally part of the
Constitution, and are
just as important as the
original document.
• Deal with issues that
have arisen through
Formal Changes
(Amendments)
Method +
# of amendments that have
been approved by this
method
Amendment Proposed by
Amendment ratified (approved)
by
Method 1
(26)
Congress – needs 2/3 vote in both
House and Senate
State legislatures – ¾ vote to pass
(38 out of 50 states)
Method 2
(1)
Congress – needs 2/3 vote in both
House and Senate
State ratifying convention called
specifically for the amendment –
¾ to pass
Method 3
(0)
National Convention-2/3 of States
(34) request that Congress form
the convention for a specific
amendment
State Legislatures – ¾ to pass
Method 4
(0)
Same as method #3
Same as Method #2
The Constitution: A Living
Document
• Constitution IS and IS NOT the same
document it was in 1787
• Our basic government structure is the same
• But, we have added/removed things over
the years
• The Constitution can change in many ways
– Amendments are formal changes – changes that
become part of the written language of the
Constitution
Informal Changes
• Constitution is short, broad, and open to
interpretation
• Most changes to Constitution DO NOT involve
formal amendments
• Informal changes occur in 5 ways….
1. Legislation by Congress
• Congress passes laws that answer questions not
addressed in the Constitution
• Ex. Presidential succession – Constitution doesn’t say
who takes office if Prez and VP die, so Congress passes
a law
Informal changes
2.
3.
4.
5.
Executive Action
– the ways different Presidents have used their power
– Ex: treaties have to be approved by Congress, but an executive
agreement does not
Court Decisions
– The Supreme Court decides how the words of the Constitution
work in practice
Political Party Practices
– The Constitution says nothing about political parties
– Yet, many govt actions are influenced by them
Customs
– Ex. : Presidents never ran for 3rd terms until FDR, who served 4
terms. We added the 22nd amendment as a result