SECTION The Structure of the Constitution

GUIDE TO READING Main Idea Throughout his remarkable career, The Constitution is a remarkable document, Patrick Henry stood out as a supporter of the which serves as an adapt- colonists and their rights. At the First Continental able blueprint for govern- Congress in 1774, he energetically spoke for ing the . measures that assumed the unity of the colonies. At the same time, he was against a strong central Key Terms government. Though selected to be a delegate, he Preamble, amendment, refused to attend sessions in 1787 and 1788, Bill of Rights, income tax while the Constitution was being drafted. Henry was perhaps the most famous Anti-Federalist to Reading Strategy speak against ratification of the Constitution. Categorizing Information With the addition of the Bill of Rights, however, As you read, create and Henry embraced the Constitution. As a Federalist, Patrick Henry complete a chart like the Henry won a seat in the Virginia legislature. He one below by listing important features of the died before he could assume his post, though. U.S. Constitution.

Preamble: Articles: The Constitution and Its Parts The U.S. Men with strong but often opposing ideas about the role of Constitution government shaped the Constitution. When you read the Constitution, you discover how remarkable it is. In the words Amendments: of Harry S Truman, our thirty-third president, “It’s a plan, but not a straitjacket, flexible and short.” In very few pages, it man- Read to Learn ages to provide an adaptable framework for government that • How is the Constitution has held up for more than 200 years. organized? Although the main purpose of the Constitution is to pro- • What do the three parts of the Constitution vide a framework for the U.S. government, it does much more accomplish? than that. It is the highest authority in the nation. It is the basic of the United States.The powers of all the branches of gov- ernment come from the Constitution. Like the American flag, the Constitution is a symbol of our nation. It represents our system of government and our basic beliefs and ideals, such as liberty and freedom. The Constitution has three main parts. First is the Preamble, an introduction that states the goals and purposes of the government. Next are seven articles that describe the struc- ture of the government. Third are 27 amendments, or addi- tions and changes, to the Constitution.

82 Chapter 3 The Constitution North Wind Picture Archives The Preamble • “To provide for the common defense”— The opening section of the Constitution, to be ready militarily to protect the coun- the Preamble, tells why the Constitution try and its citizens from outside attacks was written. It consists of a single, concise • “To promote the general Welfare”— sentence that begins and ends as follows: to help people live healthy, happy, and prosperous lives “We the People of the United • “To secure the Blessings of Liberty to our- States . . . do ordain and establish selves and our Posterity”—to guarantee the this Constitution for the United freedom and basic rights of all , States of America. ” including future generations (posterity)

These carefully chosen words make clear The Articles that the power of government comes from The seven articles that follow the the people.The government depends on the Preamble explain how the government is to people for its power and exists to serve them. work. The first three articles describe the The middle part of the Preamble states powers and responsibilities of each branch six purposes of the government: of government in turn. The remaining arti- • “To form a more perfect Union”—to unite cles address more general matters. the states more effectively so they can oper- Article I: The Legislative Branch It ate as a single nation, for the good of all is no accident that the first article deals • “To establish Justice”—to create a system with the legislative branch. The Framers of of fair and courts and make certain the Constitution intended the legislature to that all citizens are treated equally take the leading role in government. • “To insure domestic Tranquility”—to Article I says that a Congress made of maintain peace and order, keeping citi- two houses—the Senate and the House of zens and their property safe from harm Representatives—will have all lawmaking

The Oath of Office Every American president takes an oath to “preserve, protect, and defend the Constitution of the United States.” George Washington and George W. Bush were sworn in as the first and forty-third presidents. What is the president really pledging to protect?

Chapter 3 The Constitution 83 (l)New York Historical Society, (r)Reuters/Kevin Lamarque/Archive Photos Comparing Governments

CONSTITUTION ARTICLES OF CONFEDERATION

Legislature Senate, with states represented equally, Congress of one house with equal and House of Representatives, apportioned representation of 13 states has power to: according to population, have power to: Pass laws by vote of 9 states Pass laws by majority vote Declare war Declare war Coin and borrow money Coin and borrow money Make Approve treaties Amend Articles if all Amend Constitution by 2/3 vote in both 13 states agree houses and approval by 3/4 of states Tax Regulate commerce Confirm presidential appointments President chosen by electors has power to: No executive branch Enforce laws Make treaties Command armed forces Judiciary

Supreme Court and lower federal courts No judicial branch The Constitution replaced have power to: a weak central government Interpret laws with a strong one. Which Settle disputes between states branches of government did the Constitution add?

authority. The article then describes how Article II: The Executive Branch members of each house will be chosen and Article II provides for an executive, or what rules they must follow in making laws. law-enforcing, branch of government For example, a majority of both senators headed by a president and vice president. and representatives must vote for a bill Article II explains how these leaders are before it can become a law. to be elected and how they can be Article I also lists specific powers that removed from office. The article also Congress does and does not have. For exam- describes some of the president’s powers ple, Congress may collect taxes, regulate and duties. As you will learn in Chapter 7, foreign and interstate trade, coin money, and these include commanding the armed declare war. It may not tax exports, however, forces, dealing with the leaders of other or favor one state over another.You will learn countries, and appointing certain govern- more about Congress in Chapter 6. ment officials.

84 Chapter 3 The Constitution Joseph Sohm/CORBIS Article III: The Judicial Branch The 1791. Chapter 4 discusses the Bill of judicial branch is the part of government Rights, along with other amendments that that interprets the laws and sees that they safeguard individual rights and liberties. are fairly applied. Article III calls for “one A number of amendments address ” and such lower courts as entirely different matters, such as improving Congress deems appropriate. the way our government works. For example, Article III then lists the powers of the the Sixteenth Amendment was passed in federal courts and describes the kinds of 1913 to allow Congress to collect an income cases they may hear. These include cases tax —a tax on people’s earnings. This is now involving the Constitution, federal laws and an important source of money for the gov- treaties, and disputes between states. Read ernment, helping it pay for services. about our federal judiciary in Chapter 8.

Articles IV–VII In Article IV of the Amending the Constitution, the Framers shifted their Constitution focus to the states. The article says that all states must respect each other’s laws, court decisions, and records. Article IV also PROPOSAL PROPOSAL explains the process for creating new states, Vote of two-thirds By national and it promises that the federal government of members of OR convention called will protect and defend the states. both houses at the request of Article V reveals the foresight of the two-thirds of 50 state legislatures Framers. They realized that in a changing world, the Constitution might need modifi- cation over time. Thus they specified how amendments are to be made. RATIFICATION RATIFICATION Article VI contains a key statement Approved by three- OR Approved by three- declaring the Constitution the “supreme fourths of 50 state fourths of ratifying Law of the Land.” It adds that if state laws legislatures conventions held in 50 states or court decisions conflict with , the federal law shall prevail. In Article VII, the Framers dealt with practical matters. The Constitution would take effect, they wrote, when nine states had ratified it. New Describing What is the Amendment to the Constitution main purpose of the U.S. Constitution?

Amending the Constitution Since the Constitution was signed in 1787, it has been amended 27 times. (Any change in the Constitution is called an The amendment process allows amendment. ) The first 10 amendments, the Constitution to be revised to known as the Bill of Rights, were added in adapt to changing times. In what ways can this be done? The Amendment Process special state convention. Only one amend- Would it surprise you to know that ment, the Twenty-first Amendment, has been thousands of amendments to the ratified by means of state conventions. Constitution have been considered over the Congress proposed and the state legislatures years? Only 27 have become law because ratified all others. the Framers deliberately made the amend- ment process difficult. After months of Inferring Why are amendments to the Constitution necessary? debate and compromise, they knew how delicately balanced the Constitution was. Changing even one small detail could have dramatic effects throughout the govern- Interpreting the Constitution ment.Therefore, the Framers made sure the Although the Constitution has been Constitution could not be altered without amended only 27 times, there have been the overwhelming support of the people. many other changes to it. These changes At the same time, the ability to have taken place through interpretation. amend the Constitution is necessary. The Framers of the Constitution wrote a Constitutional amendments safeguard general document, so many matters are left many of our freedoms. For example, the open to interpretation. abolition of slavery and the right of women to vote were added in amendments. If the The Necessary and Proper Clause Constitution could not have been Article I lists the powers of Congress. amended to protect the rights of African In this article, the Constitution gives Americans, women, and other oppressed Congress the power “to make all Laws groups, it—and our government—might which shall be necessary and proper” to not have survived. carry out its duties. This necessary and The process for making an amendment proper clause allows Congress to exercise to the Constitution, as outlined in Article V, powers that are not specifically listed in involves two steps: proposal and ratifica- the Constitution.These powers are known tion. An amendment may be proposed in as “implied powers.” either of two ways. The first method—used Americans, though, do not agree about for all amendments so far—is by congres- which laws are “necessary and proper.” sional action. A vote of two-thirds of the Some people feel Congress should be members of both houses of Congress is allowed to make any laws the Constitution required. The second method is by a does not specifically forbid. These people national convention requested by two- believe in a loose interpretation of the thirds of the state legislatures. Constitution. Others believe in a strict Once a national interpretation. They feel Congress should amendment has make only the kinds of laws mentioned by been proposed, the Constitution. three-fourths of the Student Web Activity Visit states must ratify it. Interpretation Through civ .glencoe.com and click on The states have two Court Decisions Student Web Activities— ways to do this: by The Supreme Court has the final author- Chapter 3 to learn more a vote of either the ity on interpreting the Constitution. Over the about the U.S. Constitution. state legislature or a years, the Supreme Court has interpreted the

86 Chapter 3 The Constitution Constitution in different ways—sometimes Presidents interpret the Constitution in strictly, sometimes loosely. With each new other ways, too. Not only does the president interpretation, our government changes. make agreements with other countries with- out congressional approval, the president Interpretation Through Congressional also requests legislation from Congress. The and Presidential Actions Constitution does not direct the president to Actions taken by Congress and the pres- take these actions. ident have also caused new interpretations of the Constitution. The Constitution Interpretation Through Custom allows the House of Representatives to The interpretation of the Constitution impeach, or accuse, federal officials, while has also changed through customs that have the Senate determines the person’s guilt or developed. For example, although the innocence. Congress has investigated more Constitution does not mention political par- than 60 people on impeachment charges. ties, they are a very important part of today’s How has the president interpreted the political system.Today, parties help organize Constitution? In 1841 William Henry the government and conduct elections. Harrison became the first president to die in The government under the Constitution office. Vice President John Tyler assumed today is very different from the government the powers of the president according to the set up by the Constitution in 1787. It will Constitution.The Constitution, however, was probably go through many more changes, unclear on this matter. Did Tyler automati- too. However, the basic structure and prin- cally become president, or was he merely act- ciples of our government—a delicate bal- ing as president until the next election? Tyler ance between three branches—will no went ahead and took the presidential oath. doubt remain. Not until 1967, when the Twenty-fifth Identifying What type of Amendment was ratified, was Tyler’s action powers does the necessary and proper officially part of the Constitution. clause give to Congress?

SECTION ASSESSMENT

Checking for Understanding Critical Thinking Analyzing Visuals 1. Key Terms Write a paragraph 4. Evaluating Information Which 6. Compare and Contrast Review about the Constitution in which part of the Constitution do you the chart that compares the you use all of the following think is the most important? Articles of Confederation terms: Preamble, amendment, Explain your answer. and the U.S. Constitution on Bill of Rights, income tax. 5. Summarizing Information In a page 84. How did Congress Reviewing Main Ideas chart like the one below, differ under both forms of government? 2. Identify What is the purpose describe the features of Articles of the Preamble to the U.S. I, II, and III of the Constitution. Constitution? #BE AN ACTIVE CITIZEN # 3. Describe In what two ways can Article I Article II Article III 7. Organize Read a section of your an amendment to the U.S. state’s constitution. Find one Constitution be ratified? How are similarity and one difference the states involved in these from the U.S. Constitution. processes?

Chapter 3 The Constitution 87

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