The Constitution as Supreme law

The U.S. Constitution, a relatively simple document, is the self-designated “supreme law of the land”. This clause is taken to mean that when state constitutions, or laws passed by state legislatures or the national Congress, are found to conflict with the federal Constitution, they have no force. Decisions handed down by the Supreme Court over the course of two centuries have confirmed and strengthened this doctrine of constitutional supremacy.

Final authority is vested in the American people, who can change the fundamental law if they wish, by amending the Constitution, or—in theory, at least—drafting a new one. The people's authority is not exercised directly, however. The day-to-day business of government is delegated by the people to public officials, both elected and appointed.

The power of public officials is limited. Their public ac­tions must conform to the Constitution and to the laws made in accord with the Constitution. Elected officials must stand for re-election at periodic intervals, when their record is subject to intensive public scrutiny. Appointed officials serve at the pleasure of the person or authority who ap-pointed them, and may be removed when their performance is unsatisfactory. The exception to this is the lifetime appointment by the President of Justices of the Supreme Court and other federal judges.

Most commonly, the American people express their will through the ballot box. The Constitution, however, does make provision for the removal of a public official from office, in cases of extreme misconduct or malfeasance, by the process of impeachment. Article II, Section 4 reads: 'The President, Vice President, and all civil offi­cers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."

In such cases, the House of Representatives must vote a bill of impeachment. The public official is then tried in the Senate, with the Chief Justice of the United States presiding at the trial.

Impeachment is considered a drastic measure in the United States. In the past 200 years, only 13 U.S. officials have been impeached: nine judges, an Associate Justice of the Supreme Court, a Secretary of War, a Senator, and a President, Andrew Johnson. (In the case of another Presi­dent, Richard Nixon, although the House Judiciary Commit­tee recommended impeachment the President resigned be­fore a House vote was taken.) Out of the thirteen cases, only four judges have been convicted and removed from office. State officials are similarly subject to impeachment by the legislatures of their respective states.

In addition to setting forth general political ideas, the Constitution provides the blueprint for the governmental system. The three major articles describe the three branches of the national government—legislative, executive and judicial—each with specific duties and responsibilities. Sub­jects on which the legislative branch can make laws are set out in considerable detail, although over the years judicial decisions have expanded the scope.of congressional activ­ity. The powers and duties of the President, as head of the executive branch, are described. A system of federal courts is outlined, and its relationship to other branches of govern­ment is set forth.

Дата добавления: 2015-11-14