The Constitution

Daniel Webster, the nineteenth-century American statesman, once said: “We may be tossed upon an ocean where we can see no land-nor perhaps the sun or stars. But there is a chart (a map of a body of water) and a compass for us to study, to consult, and to obey. That chart is the Constitution ”

The Constitution of the United States was adopted on June 21, 1788. It is the oldest written constitution still in use. What is this Constitution? It is the basic law from which the U.S. government gets all its power. It is the law that protects those who live in the U.S.A. from unreasonable actions by the national government or any state government.

The Constitution defines three branches of government. They are the legislative branch, which enacts (makes) laws; the executive branch, which enforces those laws; and the judicial branch, which interprets them (decides what they mean).

The legislative branch is called Congress. It is made up of two groups of legislators - the Senate and the House of Representatives. A member of the Senate is addressed as Senator. Members of the House of Representatives are called congressmen or congresswomen. The Senate is often referred to as the upper house. It has 100 members-two senators from each state. Both senators represent the entire state. Senators are elected for six-year terms. Every two years, one-third of all senators face reelection.

The lower house, which is called the House of Representatives, has 435 members, all of whom are elected every two years. The number of representatives from each state is determined by that state's population. While the seven smallest states have only one representative each, California, the most populous state, had 52 representatives in the 106th Congress (1998 to 2000). For the purpose of electing representatives, each state is divided into congressional districts. The districts within a state are about equal in population. One representative is elected from each district. One of a representative's major duties is to protect the interests of the people in that district.

The job of Congress is to pass laws. Before a law is passed, it is called a bill. In order to become a law, a bill must be approved by a majority of each house of Congress and by the president. If the president vetoes (disapproves of) a bill, it can still become law if at least two-thirds of the members of each house of Congress override the veto by vot­ing for it when it is voted on again.

The president is the nation's chief executive. As such, he must see that all national laws are carried out. The president also spends much of his time making decisions about foreign policy (the relationships between the U.S. and other nations). Of course, a very large staff of advisers and other employees assist the president. In fact, the exec­utive branch employs almost 3 million people located all over the world. The most im­portant group of advisers is called the cabinet. The cabinet consists of the heads of the 14 departments of the executive branch, such as the Secretaries of Education, Defense, and Agriculture. Cabinet members are chosen by the president with the approval of the Senate. The president also appoints ambassadors and other consular heads who repre­sent the U.S. abroad. In addition, he appoints judges of the federal courts.

The vice president is the only other elected person in the executive branch. One important constitutional duty of the person holding this office is to serve as president of the Senate. The vice president's most important function is to become president upon the death, resignation, or disability of the president. Out of 37 presidents elected, eight have died in office, and one resigned. In each case, the vice president became president.

The judicial branch consists of the federal courts, including the highest court of the U.S., the Supreme Court. One of the unusual features of the American judicial system is the power of the courts to declare legislation unconstitutional and, therefore, void. The power of the federal government is limited by the Constitution. Federal laws cannot vi­olate the terms of the Constitution. For example, Congress could not pass a law that members of the House of Representatives be elected for four-year terms because the Constitution says that they are to be elected for two-year terms.

Federal laws are in some way controlled or affected by all three branches of government - Congress makes them; the president approves and enforces them; and the courts determine what they mean and whether they are constitutional. This is one ex­ample of the government's system of checks and balances, by which each branch of gov­ernment prevents improper actions by the other branches.

Checks and balances were put to an important test in 1974 when it was discovered that President Richard Nixon had been involved in obstruction of justice (hiding crimes) in connection with the Watergate scandal. Both Congress and the prosecutor appointed by Congress demanded that the president give them certain papers and tape recordings that he had. The president refused. He said that neither the judicial nor the legislative branch could tell the president, the head of the executive branch, what to do. He was relying on a doctrine known as the separation of powers. This means that one branch of the government cannot interfere with the others. During this conflict, two important ques­tions were raised: (1) Could the president withhold information about possible crimes from Congress and the courts? (2) Did the doctrine of separation of powers mean that the judicial branch (courts) could not order a member of the executive branch (the pres­ident) to give evidence to the prosecutor?

After considering these questions, the Supreme Court ordered the president to give the evidence to the prosecutor. After examining the evidence, Congress began the con­stitutional procedure to remove the president from office -impeachment (an official accusation of wrongdoing) and trial. However, before the process was completed, Pres­ident Nixon resigned from office. The checks and balances prevented a major govern­mental crisis, and the presidency passed smoothly to the vice president, Gerald Ford. The "chart" had kept the country on course, even when the captain tried to stray.

Check your comprehension.

What is the job of each branch of government?

What is the President`s cabinet?

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