Malcolm Rivera
The Constitution of a country is the supreme law of the land and serves as the foundation for all other laws and regulations within a legal system. It establishes the framework for government, outlining the powers of various branches, and enshrining fundamental rights and freedoms. Statutes, on the other hand, are specific rules and regulations enacted by legislatures to address particular issues or subjects. They can be amended or repealed more easily than the Constitution, which typically requires a special process such as a supermajority vote. The Constitution of the United States, for example, consists of a preamble and seven articles that describe the structure and operation of the government, with the first three articles establishing the three branches of government: legislative, executive, and judicial. Understanding the interplay between the Constitution and statutes is crucial for navigating the legal landscape of a country.
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What You'll Learn
Judicial power
The Judicial Power of the United States is vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish. This power, established by Article III of the Constitution, is an essential component of the nation's judicial system.
The Supreme Court is the head of the federal judiciary and the final arbiter of the law. It holds the power to review the decisions of lower federal courts and state courts and is responsible for resolving disputes between states or between a state and the federal government. The Court also has original jurisdiction over cases affecting ambassadors, public ministers, and consuls and those in which a state is a party.
The Constitution outlines the structure and powers of the Supreme Court, ensuring its independence and authority. The Court consists of a chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate. These justices serve for life, ensuring their independence and allowing them to act without concern for political pressure or influence.
The establishment of inferior courts is left to the discretion of Congress. These courts, including the United States Courts of Appeals and District Courts, handle the vast majority of federal cases. Congress determines the number of judges on these courts and the boundaries of their judicial districts. However, the judges of these inferior courts are also appointed by the President and confirmed by the Senate, maintaining a level of independence and impartiality.
The Judicial Power granted by the Constitution ensures a fair and impartial judiciary, protecting the rights and liberties of the people. It provides for a uniform system of laws and ensures that the judicial system operates effectively and independently, free from undue influence from the other branches of government.
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Ratification
The ratification of the US Constitution, which took several years, serves as a foundational example of the process. After the Constitutional Convention in Philadelphia in 1787, where delegates approved the document, it was sent to the states for ratification. This approach was unusual, as it required ratification by state conventions rather than state legislatures, thus avoiding a direct challenge to the power of legislators. The framers of the Constitution believed that securing ratification from ad hoc state conventions would be easier than obtaining approval from state legislatures, which would have required a struggle in each state with a bicameral legislature.
The ratification process for the Constitution aimed to demonstrate that the new framework was established by the will of the people rather than a small group of political elites. To achieve this, the delegates required ratification by a majority of states and a majority of the country's citizens. Article VII, the final article of the Constitution, mandated that the document be ratified by nine of the thirteen states. On June 21, 1788, New Hampshire became the ninth state to ratify, marking the completion of the ratification process.
The ratification process for amendments to the Constitution is also outlined in Article V. Congress proposes amendments, and the Archivist of the United States administers the ratification process. An amendment becomes part of the Constitution when ratified by three-fourths of the states (38 out of 50). States can ratify amendments through their legislatures or state ratifying conventions, with Congress determining the mode of ratification. The OFR, part of the National Archives and Records Administration (NARA), plays a crucial role in examining ratification documents and maintaining their custody until an amendment is adopted or fails.
In summary, ratification is a fundamental step in amending the US Constitution, requiring the approval of a supermajority of states. The process is designed to ensure that constitutional changes reflect the will of the people and are not solely the domain of political elites. The ratification of the Constitution itself set a precedent for the amendment process, highlighting the importance of broad support and consensus among the states.
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Amendments
The Constitution of the United States is the supreme law of the United States of America. It establishes the government of the United States and is composed of a preamble and seven articles that describe the structure and operation of the government. The first three articles establish the three branches of government and their powers: the legislative branch (Congress), the executive branch (the President), and the judicial branch (the Federal court system).
An example of an amendment is the Congressional Apportionment Amendment, proposed in 1789, which would establish a formula for determining the appropriate size of the House of Representatives and the apportionment of representatives among the states following each decennial census. This amendment has not been ratified, as it remains one state short of the number needed.
Another example is the Marbury v. Madison case, where the Supreme Court asserted its authority over Acts of Congress. The Court's findings were that Marbury and others had a right to their commissions as judges in the District of Columbia, and the opinion written by Marshall announced a conflict between Section 13 of the Judiciary Act of 1789 and Article III. This case demonstrated the power of the judiciary to extend to cases arising "under the Constitution" and the duty to determine which rule should govern when there is a conflict.
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Separation of powers
The United States Constitution is structured to reflect the framers' intent to create a strong national government with three separate branches, each of which has defined authority to check the powers of the others. This is known as the separation of powers doctrine, and it is one of the most well-known legal and political doctrines in constitutional law.
The three branches of the US government are the Legislative, Executive, and Judicial branches, and they are kept distinct to prevent the abuse of power. The Legislative branch consists of Congress, which has the sole power to legislate for the United States. The Executive branch is led by the President of the United States, who has the power to execute laws and perform other duties as laid out by Congress. The Judicial branch, including the Supreme Court, has the power to review the constitutionality of laws and check the actions of the other two branches.
The separation of powers allows each branch to perform its tasks efficiently and effectively, while also allowing each branch to check the actions of the other two branches. This system of checks and balances is intended to prevent tyranny from a single branch and preserve the liberty of US citizens. It is also meant to protect the life, liberty, and pursuit of happiness promised to citizens.
The separation of powers doctrine has been a source of controversy and debate, with some arguing that it contributes to a unique political structure in the United States and others criticising it as a curious mixture of government functions and powers. The doctrine has also been a key reason why many countries have based their constitutions on the US Constitution.
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Federal laws
The US Constitution establishes the government of the United States. It was signed on September 17, 1787, and came into effect on March 4, 1789. Federal statutes are organised by subject matter in the US Code. Federal laws are often referred to by common names, such as the "Civil Rights Act of 1968" or the "USA PATRIOT Act".
The Supremacy Clause of the Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made under it, and treaties made under its authority, are the "supreme Law of the Land", and take priority over any conflicting state laws. The Supremacy Clause also covers federal statutes enacted by Congress, which are regarded as "supreme law of the land" with "no superior efficacy ... given to either over the other".
The Supremacy Clause addresses the legal status of the laws that other parts of the Constitution empower Congress to make, as well as the legal status of treaties and the Constitution itself. It contains the Constitution's most explicit references to "judicial review", the idea that even duly enacted statutes do not supply rules of decision for courts if they are deemed unconstitutional.
The Supreme Court has final jurisdiction in all cases involving the Constitution and laws of the United States, and so state courts cannot interfere with federal court judgments. The Supreme Court has ruled that when federal interest in an area of law is dominant, federal law must be assumed to preclude enforcement of state laws on the same subject.
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Frequently asked questions
The first three articles of the Constitution establish the three branches of government and their powers: Legislative (Congress), Executive (office of the President), and Judicial (Federal court system).
The Judicial branch's power includes that granted by Acts of Congress for rules of law and punishment. Clause 1 of Section 2 authorizes the federal courts to hear actual cases and controversies only. Clause 2 of Section 2 provides that the Supreme Court has original jurisdiction in cases involving ambassadors, ministers, and consuls, and in controversies subject to federal judicial power.
A proposed amendment becomes an operative part of the Constitution when ratified by three-fourths of the States (38 out of 50). The text requires no further action after ratification. The Office of the Federal Register drafts a formal proclamation for the Archivist to certify that the amendment is valid.
Federal statutes are laws that are organised by subject matter in the U.S. Code. They are often referred to by common names, for example, the "Civil Rights Act of 1968". Federal statutes are filed and published by the Archivist of the United States before being added to the U.S. Code.
