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The Constitution. The Structure and Underlying Principles. The Constitution & Its Parts. The main purpose of the Constitution is to provide a framework for government, but it is also the highest authority in the nation. The powers of all branches come from it. It has three main parts:
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The Constitution The Structure and Underlying Principles
The Constitution & Its Parts • The main purpose of the Constitution is to provide a framework for government, but it is also the highest authority in the nation. • The powers of all branches come from it. • It has three main parts: • Preamble • Seven articles • Twenty-seven amendments
The Preamble • The Preamble states the goals & purposes of government. • To form a more perfect Union • To establish Justice • To insure domestic Tranquility • To provide for the common defense • To promote the general Welfare • To secure the Blessings of Liberty to ourselves & our Posterity.
The Articles • The articles explain how government is to work. The first three articles describe the powers & responsibilities of the three branches of government. • 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 & does not have.
Article II establishes the executive, or law-enforcing, branch headed by a president & vice president. It explains how leaders will be elected & can be removed, & describes their powers & duties. • Article III establishes the judicial branch to interpret & apply the laws. It calls for a Supreme Court & lower courts & describes the powers of federal courts.
Article IV, the “full faith and credit” clause says that all states must respect one another’s laws & explains the process of creating new states. • Article V describes the amendment process. • Article VI contains the supremacy clause which declares that the Constitution is the “supreme Law of the Land.” • Article VII describes how the Constitution would be ratified.
Amending the Constitution • An amendment is any change to the Constitution. The first 10 amendments are the Bill of Rights. • The Framers made sure that the Constitution could not be altered without overwhelming support of the people. • Only 27amendments have become law.
Amending the Constitution • Why do we need to be able to amend our Constitution?
Come gather ‘round people Wherever you roam And admit that the waters Around you have grown And accept it that soon You’ll be drenched to the bone If your time to you is worth savin’ Then you better start swimmin’ Or you’ll sink like a stone For the times they are a-changin’ The Times They Are A-Changin’by Bob Dylan (1964)
Come writers & critics Who prophesize with your pen And keep your eyes wide The chance won’t come again And don’t speak too soon For the wheel’s still in spin And there’s no tellin’ who that it’s namin’ For the loser now Will be later to win For the times they are a-changin’ Verse 2
Come senators, congressmen Please heed the call Don’t stand in the doorway Don’t block up the hall For he that gets hurt Will be he who has stalled There’s a battle outside And it is ragin’ It’ll soon shake your windows And rattle your walls For the times they are a-changin’ Verse 3
Come mothers & fathers Throughout the land And don’t criticize What you can’t understand Your sons and your daughters Are beyond your command Your old road is Rapidly agin’ Please get out of the new one If you can’t lend a hand For the times They are a-changin’ Verse 4
The line it is drawn The curse it is cast The slow one now Will later be fast As the present now Will later be past The order is Rapidly fadin’ And the first one now Will later be last For the times They are a-changin’ Verse 5
Questions for Discussion • What do you think the song is about, i.e. “what’s going on?” • In each verse, Dylan is challenging a certain group to change. Analyze each verse of the song and identify who or what needs to change. • What do you think is the overall message of the song? • What forces might make it necessary to change the Constitution?
Amendment Process Methods of Proposal Methods of Ratification Method 1 By 2/3 vote in both the House and the Senate Method 1 By legislatures in ¾ of the states Or Or Method 2 Ratified through conventions in ¾ of the states. Method 2 By national constitutional convention called by Congress
Interpreting the Constitution • The Constitution is general & open to interpretation. • Article I gives Congress the power “to make all Laws which shall be necessary & proper” to carry out its duties. • This necessary & proper clause allows Congress to exercise implied powers not specifically listed in the Constitution.
Americans disagree on what laws are “necessary & proper.” • Loose interpreters believe 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 government.
Actions by Congress & 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. • Political parties, not mentioned in the Constitution, are part of today’s political system.
Learning Log: 3-2-1 • 3: goals of government • 2: steps in the amendment process • 1: principle behind the Constitution
