Malcolm Rivera
Basic legislation can be understood as a fundamental law that acts as a constitution or has a constitutional effect. In some cases, it may be a temporary measure until a formal constitution is enacted. Basic laws are the highest authority in certain territories, with the power to amend and interpret resting with a designated committee or body. They can also be used to outline specific constitutional provisions, such as presidential succession, and to empower legislative bodies to make amendments to the constitution. In the US, for example, the 17th Amendment changed the method of selecting senators, and the 20th Amendment outlines the minimum frequency of Congress assemblies. These amendments and provisions help shape the functioning of the government and its legislative processes.
| Characteristics | Values |
|---|---|
| Basic laws as constitutional documents | Hong Kong and Macau are Special Administrative Regions of the People's Republic of China that have basic laws as their highest authority |
| Basic laws as quasi-constitutional laws | The Basic Laws of Israel consist of 14 quasi-constitutional laws that were intended to be draft chapters of a future Israeli constitution |
| Basic laws as codified constitutions | In some countries, basic laws are codified constitutions, or in countries with uncodified constitutions, they are designed to have a constitutional effect |
| Basic laws as a temporary measure | The term "basic law" may be used as a temporary measure until the formal enactment of a constitution |
| Basic laws in Germany | West Germany used the term "Basic Law" to indicate that it was provisional until reunification, but when Germany reunified in 1990, the Basic Law was adopted throughout the country |
| Basic laws in Saudi Arabia | The Basic Law of Saudi Arabia was promulgated in 1992 and consists of nine chapters and 83 articles, with constitutional principles tied to Islamic theology and Sharia law |
| Basic laws and presidential succession | Basic legislation has changed the constitution over time by passing laws that spell out the constitution's brief provisions, such as presidential succession |
| Basic laws and congressional power | Congress has the power to add changes to the constitution, such as controlling commerce within and outside the states |
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What You'll Learn
Basic laws as the highest authority
Basic laws are the highest authority in the Special Administrative Regions of Hong Kong and Macau in the People's Republic of China. They serve as constitutional documents, with the rights of amendment and interpretation resting with the Standing Committee of the National People's Congress.
The term "basic law" is used as an alternative to "constitution" in some places and may be intended as a temporary measure until a formal constitution is enacted. Basic laws can be codified constitutions or, in countries with uncodified constitutions, laws designed to have a constitutional effect. In the case of West Germany, the term "Basic Law" was used to indicate that the law was provisional until German reunification. However, when Germany reunified in 1990, the Basic Law was adopted across the entire German territory.
The Basic Laws of Israel consist of fourteen quasi-constitutional laws that were originally intended to be draft chapters of a future constitution, which has been postponed since 1950. Similarly, the Basic Law of Saudi Arabia, promulgated in 1992, consists of nine chapters and 83 articles, with constitutional principles explicitly tied to Islamic theology and Sharia law.
In the United States, Congress has the power to make changes to the Constitution, such as clarifying provisions on presidential succession and controlling commerce, both foreign and domestic.
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Presidential succession
The presidential line of succession is outlined in the US Constitution and the Presidential Succession Act of 1947, which was last revised in 2006. The line of succession is mentioned in four places in the Constitution, including Article II, Section 1, Clause 6, which designates the vice president as first in the line of succession. This clause also authorises Congress to establish a line of succession beyond the vice president, which has been done on three occasions.
The Presidential Succession Act of 1947 outlines the order of succession as congressional officers, followed by members of the cabinet in the order of the establishment of each department. The 15-member cabinet includes the secretary of state, who is fourth in line, followed by the other cabinet secretaries in the order of their agencies' creation.
The 12th Amendment states that the vice president will fill any vacancy of the presidency arising from the House of Representatives' failure to choose a president in a contingent election. The 25th Amendment, ratified in 1967, establishes that the vice president becomes president upon the president's removal from office, death, resignation, or inability to perform their duties. This amendment also sets procedures for filling an intra-term vacancy in the office of the vice president.
The Presidential Succession Act specifies that officers beyond the vice president act as president rather than becoming president when filling a vacancy. Those heads of department who are not "eligible to the Office of President" are disqualified from assuming the powers and duties of the president through succession, and the next person in line will be called upon. Since 1789, the vice president has succeeded to the presidency intra-term on nine occasions, eight times due to the incumbent's death and once due to resignation.
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Commerce control
The Commerce Clause, or Article 1, Section 8, Clause 3 of the U.S. Constitution, gives Congress the power to regulate commerce with foreign nations, among states, and with Indian tribes. This clause has been a source of controversy regarding the balance of power between the federal government and the states.
The Commerce Clause has been interpreted differently over time. Early Supreme Court cases, such as those before 1900, viewed the clause as primarily limiting state power rather than as a source of federal power. This interpretation focused on the meaning of "commerce" while paying less attention to "regulate". As a result, the Supreme Court's guiding lines in constructing the clause were initially laid down in the context of restricting state power.
However, the “constitutional revolution” of the 1930s brought about a change in the interpretation of the Commerce Clause. During this period, courts recognised broader grounds upon which the clause could be used to regulate state activity. The Supreme Court held that any activity with a "substantial economic effect" on interstate commerce or whose "cumulative effect" could impact such commerce was considered commerce and thus fell under the purview of the Commerce Clause.
The Commerce Clause affects state governments through the Dormant Commerce Clause, which prohibits states from passing legislation that discriminates against or excessively burdens interstate commerce. This includes preventing protectionist state policies that favour in-state citizens or businesses over out-of-state competitors.
In summary, the Commerce Clause grants Congress the authority to regulate commerce at a national level while restricting states from impairing interstate commerce. This clause has been a subject of ongoing debate and has undergone different interpretations over time, shaping the balance of power between the federal government and the states.
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Presidential veto
The U.S. Constitution grants the President the authority to veto legislation passed by Congress. This power is defined in Article 1, Section 7 of the Constitution and is one of the most significant tools the President can use to prevent the passage of legislation. The veto power allows the President to return a bill to Congress (to the House in which it originated) within 10 days, usually accompanied by a memorandum of disapproval or a "veto message". If the President does not veto or sign a bill within this period (excluding Sundays), it automatically becomes law.
There are two types of vetoes: the "regular veto" and the "pocket veto". The regular veto is a qualified negative veto, allowing Congress to override the President's decision with a two-thirds vote of both Houses. The pocket veto, on the other hand, is an absolute veto that cannot be overridden. It occurs when the President fails to sign a bill after Congress has adjourned, preventing the bill from becoming law. The authority of the pocket veto is derived from the same Constitutional provision as the regular veto, with the added condition that "the Congress by their adjournment prevent its return, in which case, it shall not be law."
The first regular veto was issued by President George Washington on April 5, 1792. The first successful override of a presidential veto occurred on March 3, 1845, when Congress overrode President John Tyler's veto. While the pocket veto has been a source of controversy and debate between Congress and the President, it was first used by President James Madison in 1812.
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Federal courts
The U.S. Constitution establishes the federal judiciary in Article III, Section I, which states:
> "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The Constitution establishes the Supreme Court but permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
The U.S. Constitution is the nation's highest law, codifying the core values of the people. Federal courts, therefore, have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress. Alexander Hamilton noted in The Federalist #78 that the federal courts "were designed to be an intermediate body between the people and their legislature" to ensure that the people's representatives act only within the authority given to Congress under the Constitution.
The U.S. Supreme Court is the highest court in the country, with appellate jurisdiction over almost any case involving a point of constitutional and/or federal law. The Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution.
Below the Supreme Court are 13 appellate courts, or U.S. courts of appeals, which determine whether the law was applied correctly in the trial court or federal administrative agency. The nation's 94 district or trial courts are called U.S. district courts, which resolve disputes by determining the facts and applying the law to those facts. There are also 90 U.S. bankruptcy courts, which help people and businesses who cannot pay their debts get a "fresh start".
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Frequently asked questions
Basic legislation is either a codified constitution or, in countries with uncodified constitutions, a law designed to have the same effect as a constitution.
Basic legislation is sometimes used as an alternative term to "constitution" and may be intended as a temporary measure until a formal constitution is enacted.
Basic legislation can be used to add changes to the constitution. It can also be used to spell out the constitution's brief provisions.
No, the constitution is the nation's fundamental law and takes precedence over any laws passed by Congress. Courts have the responsibility to interpret the Constitution's meaning and ensure that the people's representatives act only within the authority given to Congress under the Constitution.
