How the Constitution Works

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The Structure of the
Constitution
The Constitution has three main
parts: preamble, seven articles, and
27 amendments
Why???
The system of checks and balances
enables each branch of government to
limit the power of the other branches.
Article I- The Legislative Branch
Congress is made up of two
houses: the Senate and the
House of Representatives
Congress will carry out the
legislative duties of
government
Lists the powers given to
Congress: to tax, regulate
trade, coin money, declare war
Lists the powers that are
denied to Congress: power to
tax exports
Article II- The Executive Branch
Provides for the Executive Branch (the
President and Vice President) to carry out
the duties
Explains how the two leaders are chosen
Lists the President’s powers, including,
commanding the armed forces, make
treaties with other nations, pardon
criminals, appoint certain government
officials (must be approved by the Senate)
Article III- The Judicial Branch
Gives the judicial branch the powers of
government to the Supreme and federal
courts
Judges are appointed by the President
and serve for life and approved by the
Senate
Courts will judge all cases (determines the
constitutionality of new laws) (Interpret
laws)
Supreme Court is in charge of making
sure other courts do not violate the
Constitution
Article IV- explains the relationship
between the states and federal
government
Article V- specifies how the
Constitution can be changed
Article VI- general provisions about
government
Article VII- Ratification of Constitution
Activity
 You will complete a flip chart for the three
branches of government that will include the
following: (Title is Branches of Government)
Name (The Article and the Branch)
5 facts
What is most important about this position?
And illustration
At least 2 important individuals that represent
that branch (could be current or past)
You will need the book to find some Supreme
Court Justices
Amending the Constitution
Both processes explained in Article V
Amendment may be proposed in two
ways:
1.By a 2/3 vote of both houses of
Congress
2.By 2/3 of state legislatures requesting
a national convention (this particular
process has never been used)
Once the amendment has been proposed,
it must be ratified by ¾ of the states
Two ways to ratify
1.By a vote in each state legislature
2.By calling special state conventions (only
the 21st Amendment was ratified in this
way)
Congress proposed and the states ratified
all other amendments
Writers of the Constitution made the
process difficult on purpose
Change would have to have the
overwhelming support of the people
Amendment process is necessary to
safeguard our freedoms
If the Constitution could not have been
amended to protect its people, such as
blacks an women, then it would not have
survived
Interpreting the Constitution
Writers of the Constitution tried to
keep the document as general as
possible to adhere to a changing
world
Lots of detail on some matters,
others left open for interpretation
The Constitution can be changed
by amending or interpretation.
The Necessary and Proper Clause
Phrase found in Article I
Allows Congress to make all laws which
are necessary and proper in order for them
to carry out their duties
Most interpreted phrase in the Constitution
Allows Congress to exercise powers not
specifically listed in the Constitution (known
as implied powers)
Most governmental policies today are
based on implied powers (to pass laws that
the country needs
Interpretation by the Courts
Has the final responsibility for
interpretation of the Constitution
Each new interpretation allows
government to change and grow
Interpretation through Congressional and
Presidential Actions
Congress- impeachment proceedingsHouse of Representatives decides whether
or not to impeach and the Senate determines
guilt or innocence
Prior to the 25 Amendment, Presidential
Succession- Vice President assumes the
President's Office upon death
Presidential Agreements with other nations
President requests legislation through
Congress
Interpretation through Customs
Political parties (not mentioned within the
Constitution)
Activity
Students will make a tab chart that will list
the 1st seven amendments
Each tab should have the following:
What is the amendment?
What the purpose of the amendment is?
Students will discuss the different
amendments.
Activity Continued
Have students analyze their graphic
organizers/outlines and use them to write
a persuasive essay (three to five
paragraphs) that describes which branch
of government is stronger and explains the
reasons why. The essay must make
specific references to the United States
Constitution, citing article, section, and
clause to support their arguments and
points of view.
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