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Chapter 3 Section 3 (The Structure of the Constitution) The Constitution and its Parts 1. The Preamble- The opening section of the constitution. Makes it clear that power comes from the people. Also states the six purposes for government. Page 83 “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 and prosperity.” 2. The Articles Article 1: The Legislative Branch -The framers of the Constitution intended the legislature to take the leading role in government -Says Congress is made up of 2 Houses. The Senate The House of Representatives. -Also says Congress will have all lawmaking authority -It also lists specific powers Congress has such as: collecting taxes, regulating trade, coining money and declaring war. -Congress CAN NOT tax exports or favor one state over another. Article II: The Executive Branch-the law enforcing branch -explains how the President and Vice President will be elected and how they can be removed from office. -Also includes some of the President’s powers Article III: The Judicial Branch-interprets the laws -also sees that laws are fairly applied -Calls for one “Supreme Court” as well as lower courts. -Also lists powers of courts and cases they may hear such as cases involving the Constitution, federal laws and treaties, and disputes between states. Articles IV-VII Article IV-States that all states must respect each other’s laws, court decisions and records. -Also explains process for creating new states and promises federal government will protect and defend states. Article V-Specified how amendments or changes could be made to the Constitution Article VI- Declares Constitution “Supreme law of the Land”. Article VII- Constitution would take effect when 9 states had ratified it. Amending The Constitution -Since the Constitution was signed it has been amended 27 times. -The first 10 Amendments are known as the Bill of Rights. The Amendment Process The Framers of the Constitution made sure it could not be altered without overwhelming support of the people. -There are two steps in amending the Constitution. Proposal Ratification An amendment can be proposed in two ways. 1. Congressional action. 1. A National Convention requested by two thirds of state legislatures Once an amendment has been proposed ¾ of the States must ratify it. Can be done by either a vote of state legislature or special state convention. Interpreting the Constitution The Necessary and Proper Clause -Allows Congress to exercise powers that are not specifically listed in the Constitution (Implied Powers) Interpretation through Court Decisions -The Supreme Court has the final say in interpreting the Constitution. Every decision they make changes our government. Interpretation through Congressional and Presidential Actions The President often interprets the Constitution in his own way and takes action although the Constitution doesn’t direct him to. Interpreting through Custom Our government is constantly changing and most likely will continue to do so (political parties, etc.) However the basic structure and principles will remain.