The Paramount Law of the Land Foundation“and the Legal source for the Legal Authority in the United States of America following the FederalFormOf Government”(Constitution, 2012) It provides the structural backbone of the U.S Federal Government According to the United States Senate: The three words of the Constitution are—”We the People”—it guarantees that the primary purpose of the government is to serve its citizens . Over two“centuries the Constitution has remained in force because its framersintroduced certain policies which helped in seperating and balancing government powers which in return safeguards the interests of majority rule and minority rights, of liberty and equality, and of the federal and state governments.” The U.S Constitution
The“Constitutionof the United States established America’s national government and fundamental laws, and guaranteed certain basic rights for its citizens.” It was enacted on“September 17, 1787, by delegates to the Constitutional Convention in Philadelphia.” At the“1787“convention, delegates devised the plan for a stronger federal government along with a system of checks and balances to ensure no single branch would have too much power.”(Medina, 2003) The“majority of the seventeen later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. All four pages of the original U.S. Constitution are written on parchment” History
Preamble (The Introduction) Articles (The Main Course) Amendments (Changes) Promote the general welfare Reflect the Principles of the Government Changes or amendment made to the existing laws Provide for the Common Defense 7 articles create three branches Thee Bill Of Rights ensures the protection of the personal freedom by the government Insures domestic tranquility and peace Describes the functioning of the Government First 10- Bill Of Rights(1791) Parts of the Constitution
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Preamble of the Constitution The Constitution begins with the Preamble.“It states the motive of the framers and the purpose of the document.” The preamble is an introduction to the supreme law of the land. Among the“first five objectives of preamble justice is one of them outlined in the 52-word paragraph that the Framers drafted in six weeks during the hot Philadelphia summer of 1787”.( American epic: reading the US Constitution, 2014). The Preamble“serves solely as an introduction, and does not assign powers to the federal government, nor does it provide specific limitations on government action (National Archives, 2020). Due to the Preamble's limited nature, no court has ever used it as a decisive factor in case adjudication,except as regards frivolous litigation.”
Reason for Introducing the ConstitutionAfter“The revolutionary war, the Articles of Confederation set up the structure of the U.S Government.”(McKeever & Davies, 2014) Major problems with the Articles of Federation such as the amendment of laws and the passing of laws The Federal Government was weak which resulted in various problems such asweak central government and unicameral legislature
Checks and balances Used with Separation of power to protect Natural rights Federalism Division of power among national and state governments Judicial review Power of the judiciary(Patrick, 2015) Limited government Limits the powers of the government Popular sovereignty Government powers resides in the hands of the people Separation of powers Balances the powers between the government bodies Principles of The U.S Constitution
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Each“branch of government can exercise checks, or controls, over the other branches (Gargarella, 2014) Though the branches of government are separate, they rely on one another to perform the work ofgovernment.”” Checks“and Balances was an idea that was closely intertwined with Separation of Powers. It was the idea that each branch of government had systems to check each others power by passing or stopping laws.”Therefore it would balance the government Checks and Balances
Division of government between thenational and the state government. This“is the most favorable form of existing for America because of the strong head government but also the separate state power (Doonan, 2014) The government and the states share many powers, but if the Federal (government) law disagrees with the State law, the Supremacy Clause states that the Federal law trumps State.” Federalism
Judicial Review“is the idea that the actions of the Legislative and Executive branches are subject to review from the Judicial branch. In this review laws can be invalidated and disapproved”. Judicial Review“is an important part of Checks and Balances that allows the Judicial branch to stop any kind of corrupt or un-Constitutional law from passing.” Judicial Review
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This“principle assured that the government could only do what the people allowed it to, so that it does not have extreme power.” Although“the government was limited due to the people's fears, it had enough power to be central and important to the country.” The“principle of limited government is also closely related to the rule of law: In the American government everyone, citizens and powerful leaders alike, must obey the law.” Limited Government
Popular“Sovereignty was the idea that the government drew their power from the people. The people voted for things that the government might want to enforce so that the government was not able to create any kind of law that the people were not in favor of.” This“was a very popular idea because it gave the people more power and did not allow for a tyrannical government to form.” Popular Sovereignty
Separation of Powers“is the idea that a Government's power should be split up between different branches in order to not give one central leader too much power over the law (Dahal, 2016). It was another way of circumventing tyranny.” The“government is separated into three parts: the Legislative, Executive, and Judicial branches. Legislative- makes laws and is a bicameral system Executive- enacts and passes law Separation Of Power
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American epic: reading the US Constitution. (2014).Choice Reviews Online,51(12), 51- 7015-51-7015. Constitution, U. (2012).Great words from great Americans. [Place of publication not identified]: Hardpress Publishing. Dahal, G. (2016). The Seperation of Power: An Experiment of Theory and Practice.Tribhuvan University Journal,28(1-2), 51-60. doi: 10.3126/tuj.v28i1-2.26214 Doonan, M. (2014) American federalism in practice. Gargarella, R. (2014). 'We the People' Outside of the Constitution: The Dialogic Model of Constitutionalism and the System of Checks and Balances.Current Legal Problems,67(1), 1-47. doi: 10.1093/clp/cuu008 McKeever, R., & Davies, P. (2014).A Brief Introduction to US Politics. Hoboken: Taylor and Francis. Medina, L. (2003).The creation of the U.S. Constitution. San Diego: Greenhaven Press. National Archives. (2020). Teaching Six Big Ideas in the Constitution. Retrieved 3 February 2020, from https://www.archives.gov/legislative/resources/education/constitution Patrick, J. (2015).The U.S. Constitution in Today's World. References