Referat The Constitution As Supreme Law

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The Constitution as supreme law The basis of the American Republic The constitution of the United States is the central instrument of American government and the supreme law of the land. For 200 years, it was guided the evolution of governmental institutions and has provided the basis for political stability, individual fraud, economic growth and social progress. The American Constitution is the world’s oldest written constitution in force, and that has served as the model for a number of other constitutions around the world. The Constitutions owes its staying power to its simplicity and flexibility. Originally designed to provide a framework for governing 4 million people in 13 colonies, its basic provisions were so soundly conceived that, with only 26 amendments, it now serves the needs of more than 240 million people in 50 states that stretch from the Atlantic to the Pacific Ocean. The path to the Constitution was written straight nor easy. A draft document emerged in 1787, but only after intense debate and 6 years of experience with a Cartier federal union. The 13 British colonies drafted that year a compact witch bound them together as a nation. The compact, designated the “Articles of Confederation and Perpetual Union”, was formally signed in July 1778. The Articles became binding when they were ratified by the 13th state, Maryland, in March 1781. But it’s only a few years it became clear that these Articles are not nearly enough for a real Union, and that the 13 colonies were united only “by a row of sand”. So that in February 1787, the Continental Congress issued a call for the states to send delegates to Philadelphia to revise the Articles. But the delegates pushed the Articles aside and proceeded to construct a charter for a wholly new, more centralized form of government. The new document, the Constitution, was completed September 12,1787 and was officially adopted March 4,1789. The Constitution as supreme law The U.S. Constitution calls itself the “supreme law of the land”. This clause is taken to mean that when state constitutions or laws passed by state legislatures or the national Congress are found to conflict with the federal Constitution, they have to force. Decisions handed down by the Supreme Court over the course of two centuries have confirmed this doctrine of constitutional supremacy. Final authority is vested in the American people, who can change the fundamental law, if they wish, by amending it or – in thirty at last – drafting a new one. The people do not exercise their authority directly, however. They delegate the day-to-day business of government to public officials, both elected and appointed. The power of public officials is limited. Their public actions must conform to the Constitution and to the laws maid in accord with the Constitution. Elected officials must stand for re-election at periodic intervals, when their records are subject to intensive public attention. Appointed officials serve at the pleasure of the person or authority who appointed the, and may be removed when their performance is unsatisfactory. The exception to this practice is the life-time appointment by the president of the justices of the Supreme Court and other federal judges, so that they may be free of political obligation or influence. Elected officials can also be removed from office, in cases of extreme misconduct or malfeasance, by the process of impeachment. However, impeachment is considered a drastic measure and it has been used only a few times in the history of the country. The principles of government Although the Constitution has changed in many aspects since it was first adopted, its basic principles remain the same now as in 1789: – The three main brandies of government are separate and distinct from one another. The powers given to each are delicately balanced by the powers of the other two. Each branch serves as a duck on potential excesses of the others. – The Constitution, together with other laws passing according to its provisions, are treaties cute red into by the president and approved by the Senate, stands above all other laws, executive acts and regulations. – All persons are equal before the law and are equally entitled to its protection. All states are equal, and now can receive special treatment from the federal government. Within the limits of the Constitution, each state recognizes and respects the laws of the others. State governments, like the federal government, must be democratic in form, with final authority resting with the people. – The people have the right to change their form of national government by legal means defined in the Constitution itself. The Bill of Rights The Constitution has been amended 26 times since 1789, and it is likely to be further revised in the future. The most sweep in changes were made within 2 years of its adoption. In that period, the first 10 amendments, known collectively as the Bill of Rights, were added. They were approved as a block by the Congress in September 1789, and ratified by all states by the end of 1791. From the very beginning some statesmen felt that the rights of individuals must be specifically spelled out. One of these was George Mason, another of the Declaration of Rights of Virginia, which was a forerunner of the Bill of Right. As a delegate to the Constitutional Convention, Mason refused to sign the document because he felt individual right were not sufficiently protected. Indeed, Mason’s opposition nearly blocked ratification by Virginia. Massachusetts, because of similar filings, conditioned its ratifications on the addition of specific guaranties of individual rights. By the time the first Congress convened, sentiment for adoption of such amendments was worthy unanimous, and the Congress lost little time in drafting then. These amendments remain intact today, as they were written more then two centuries ago. The first guarantees freedom of worship, speech and press, the right of peaceful assembly, and the right to petition the government to correct wrongs. The second guarantees the right of citizens to bear arms. The third provides that troops may not be guaranteed in private homes without two owner’s consent. The forth guards against unreasonable searches, arrests and seizures of property. The next 4 amendments deal with the system of justice: The fifth forbids trial for a major crime except after indictment by a grand jury. It prohibits reaped trials for the same offence; forbids punishment without the process of law and provides that an accused person may not be compelled to testify against himself. The sixth guarantees a speedy public trial for criminal offences. It requires trial by an unbiased jury, guarantees the right to legal counsel for the accused, and provides that witnesses shall be compelled to attend the trial and testify in the presence of the accused. The seventh assures trial by jury in civil cases involving anything valued at more than 20 U.S. dollars. The eighth forbids excessive bail or fines, and cruel or unusual punishment. The last two of the 10 amendments contain very broad statements of constitution authority: The ninth declares that the listing of individual rights not specifically mentioned in the Constitution. The 10th provides that powers not delegated by the Constitution to the federal government not prohibited by it to the states are reserved to the states or the people. Vital protection for individual liberties Amendments to the Constitution subsequent to the Bill of Rights cover a wide range of subjects. One of the most far-reaching is the 17th, ratified in 1868, by witch a clear and simple definition of citizenship was established and a broadened guarantee of equal treatment under the law was confirmed. By other amendments, the judicial power of the national government was limited; the method of electing the president was changed, slavery was forbidden; the right to vote was protected against denial because of race, color, sex or previous condition of servitude; the congressional power to buy taxes was extended to incomes; and the election of U.S. senators by popular vote was instituted. The most recent amendments include the 22nd, limiting the president to two terms in office; the 23rd, granting citizens of the District of Colombia the right to vote; the 24th, giving citizens the right to vote regardless of failure to pay a poll tax; the 25th, providing for filling the office of vice president when it becomes vacant in midterm; the 26th, lowering the voting age to 18. It is a significance that a majority of the 26 amendments stun from continued efforts individual civil or political liberties, while only a few are concerned with amplifying the basic governmental structure drafted in Philadelphia in 1787. Bibliography: Glick, Nothan. “An outline of the American Government” 쥁`