Chapter 3.3
The Structure of the Constitution
The Constitution and Its Parts
 The main purpose of the Constitution is to provide
a framework for gov’t, but it is also the highest
authority in the nation. The powers of all
branches come from it. It has three main parts:
the Preamble, seven articles and amendments.
 The Preamble states the goals and purposes of
gov’t. The first part makes clear that gov’t gets its
power from the people and exists to serve them.
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 The Preamble states six purposes: “To form a
more perfect Union”, “To establish Justice”, “To
insure domestic Tranquility”, “To provide for the
common defense”, “To promote the general
Welfare”, and “To secure the Blessings of Liberty
to ourselves and our Posterity”.
 The articles explain how gov’t is to work. The first
three articles describe the powers and
responsibilities of the three branches of gov’t.
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 Article I describes the legislative branch as two
houses with lawmaking authority. It then
describes how members will be chosen. The
article also lists specific powers Congress does
and does not have.
 Article II establishes the executive or law
enforcing, branch headed by a president and vicepresident. It explains how these leaders will be
elected and can be removed, and describes their
powers and duties.
continued
 Article III establishes the judicial branch to
interpret and apply the laws. It calls for one
Supreme Court plus lower courts and describes
the powers of federal courts.
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 Article IV says that all states must respect one
another’s laws and explains the process of
creating new states. Article V specifies how the
Constitution can be amended. Article VI declares
that the Constitution is the “supreme Law of the
Land” and federal law prevails over state law.
Article VII states that the Constitution would take
effect when nine states ratify it.
Amending the Constitution
 An amendment is any change to the Constitution.
The first 10 amendments are the Bill of Rights.
The 16th amendment allows Congress to collect
an income tax – a tax on people’s earnings.
 The Framers made sure that the Constitution
could not be altered without overwhelming
support of the people. Only 27 amenments have
become law.
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 The amendment process involves two steps:
proposal and ratification. An amendment may be
proposed by a vote of 2/3rds of both houses of
Congress or by a national convention requested
by 2/3rds of the state legislatures.
 Once proposed, an amendment must be ratified
by 3/4ths of the states. The states can do this by
a vote of either the state legislature or a special
state convention.
Interpreting the Constitution
 The Constitution is a general document and
OPEN TO INTERPRETATION.
 Article I gives Congress the power “to make all
Laws which shall be necessary and proper” to
carry out its duties. This necessary and proper
clause allows Congress to exercise implied
powers not specifically listed in the Constitution.
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 Americans disagree on what laws are “necessary
and proper”. Loose interpreters believe that
Congress can make any laws not specifically
forbidden. Strict interpreters believe Congress
can make only the kinds of laws mentioned by the
Constitution.
 The Supreme Court has the final authority on
interpreting the Constitution. Each new
interpretation, whether strict or loose, changes our
gov’t.
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 Actions by Congress and the president have also
caused new interpretations. For example, the
president requests legislation from Congress.
This action is not directed by the Constitution.
 Custom also changes the interpretation of the
Constitution. For example, political parties, not
mentioned in the Constitution, are part of today’s
political system.