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The American Constitution

1. The Constitution
Being the supreme law of the United States,the American Constitution has served as the basis of the U.S. political system for over two hundred years. Created in 1787 at the Constitutional Convention, it provides the framework for the organization of the U.S. federal government.


defines the three main branches of the government and outlines obligations of each branch, as well as provides what powers each branch may cxercise. It also reserves numerous rights for the states, thereby establishing the federal system of U.S. government.

Origins
With 4,300 words and a history of more than two hundred years, the U.S. Constitution is the world’s shortest and oldest written constitution in operation. Yet this document has helped American government function fairly well. A look at the origins of the Constitution is essential to understand how it brings political stability to American society.

When the United States declared independence from Britain, a problem was immediately created. That is, Americans found they lacked the legal basis for government. The urgent need for unity among the new states and the necessity of defining the relative powers of the Continental Congress and the individual states led the Second Continental Congress to appoint a committee of thirteen to prepare a draft of a constitution for a confederate type of union. In July 1776, the committee presented Congress with a draft constitution known as the Articles of Confederation. But, there was no immediate consensus concerning the terms of a new national government. Rather, during the next year and a half, state delegates discussed, debated, and attempted to amend the original draft of the Articles of Confederation. After several revisions were made, the last draft comprising a preamble and 13 articles was written in the summer of 1777, adopted by Congress in November 1777 and ratified by 13 states of the new nation in 1781.

The Articles provided for a confederation of sovereign states and assigned broad powers to the new national government, including the power to raise an army and navy, declare war and regulate foreign affairs, borrow and coin money, run a postal system, and handle relations with Indians.

Althou^i this constitution was a contribution to the fundamentals of government and a step toward national unity, the Articles of Confederation proved unsadslactory because of the subordinate position of the central government. The government lacked taxing authority; it had to request funds from the states and depend upon the states for the execution of its decrees. What’s worse, the national government lacked an independent executive branch to direct the government. Another criddsm was the Articles did not strike the ri^it balance between large and small states in the legislative decision making process. When it bccaxnc apparent that government under the Articles of Confederation had ceased to be effective by late 1786, a federation was sou^it to replace the confederation. This finally resulted in the Consdtudonal Convention of 1787 when delegates from 12 of the 13 states (Rhode Island refused to participate) gathered in Philadelphia to draw up the Constitution of the United States of America.

Fundamental Principles
The Constitution was signed in September 1787 by the Constitutional Convention in Philadelphia, and ratified by the required number of states (nine states) by June 1788. It consists of seven articles and a preamble. Twenty-seven amendments have been added to the Constitution since 1789, the first ten known as the Bill of Rights.

In order to comprehend the Constitution, it is necessary to get to know the fundamental principles embedded in it The key principles are republicanism, federalism, separation of powers, and checks and balances.

Republicanism
The Founders were committed to republicanism, agreeing that the rights and liberty of individuals could best be guaranteed through a republican form of government, in which people elect representatives to govern. In the United States, the people vote for members of the House and Senate and elect the members of the Electorate College to elect the president.

FederaUsm
Federalism refers to a political system in which there is a division of power between a national govermncnt and local units of government

In the federal system, the national government exercises certain powers that are granted only to it by the Constitution. The state governments retain all powers not specifically designated to the national gpvemmenc or reserved to the people. For example, only the federal government may coin money, whereas only the state gpvemments may regulate trade and conduct elections within the state. Still, some powers arc shared by both federal and state governments, such as the power to raise taxes and borrow money.

Under federalism, both state and national governments govern by law directly throu^i thcir own institutions and officials. While powers of the national government are limited, the national government is supreme. The states cannot contradict federal laws and the Consdtudon. The Constitution and acts of the national government are superior to constitutions, and laws of state and local governments.

Separation qf Powers
Suspicious of any power concentration, the framers of the Consdtudon distributed power among the three branches of the federal government. The legislative branch (Congress) has the power to make certain kinds of laws. The executive branch headed by the president has the power to enforce or carry out laws. The judicial branch headed by the Supreme Court is to interpret and apply the law in federal court cases.

The separation of powers among the three branches of the federal government is the fundamental constitutional means for preventing any branch from becoming too powerful and protecting the people against tyranny and abuses of power.

Checks and Balances
Aithou^i each branch of the federal government has its own authority, each is not completely separate from, or independent of, the others. Instead, the three branches arc connected by a system of Mchecks and balances' Each branch has influence and is given some authority over the others. If one branch abused its power, the others could use their checks to block it This system is believed to prevent the exercise of arbitrary power and encourage cooperation between branches as well as comprehensive debate on controversial issues.

Thus, although Congress may make laws,a bill cannot become law until the president signs it. The president may veto the legislation, but Congress can override that veto by a two-thirds vote. The president serves as commander-in-chicf of the armed forces, but Congress declares war, and the Senate must ratify any peace treaties. The president nominates federal officials,but the Senate must conilrm those appointments. Similarly, the courts has the power of judicial review, according to which they may declare laws or acts of Congress unconsdtudonal» but new legislation can reverse court dcdsions. The use of judicial review is also the check against the president. The Supreme Court and other federal courts may declare a presidential action unconstitutional. On the other hand, the principal presidential check on the judiciary is the appointment power, which can change the direction of the federal courts. A secondary presidential check on the judiciary is the power to pardon people convicted of offenses against the United States. Finally, Congress can impeach the president and federal court justices and judges.

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