The Federal Constitution

The First Article provides for the establishment of the legislative body, Congress, consisting of two Houses, and defines its powers. The second does the same for the executive, the President, and there is also a provision in very general terms for a system of federal courts. The men of 1787 assumed that they were devising a constitution which would endure, but they also recognized that there might be a need for altering it, and they included provisions for amendments, allowing either the states or Congress to take the initiative. A proposal to make a change must first be approved by two-thrids majority in both Houses of Congress and then ratified by three quarters of the states – that is, now by 38 of the 50 states.

The first ten amendments were made almost at once (1791); they form the “Bill of Rights”, and are really an extension of the original Constitution. Tow more amendments were adopted in the next 70 years, and the 13^th, 14^th, and 15^th were passed only after the Civil War and as a result of the victory of the North. There have been more amendments since then, including one that outlawed alcoholic liquor in 1919 and one which allowed it again 1933.

The Constitution of the United States takes precedence over all the state constitutions and laws, and over laws made by the US Congress. But the Constitution also includes a list of the subjects concerning which Congress may take law, and says that Congress has no other powers beyond those explicitly defined. The US Congress does not have a general legislative power, but only power to make laws on these particular subjects.

The Bill of Rights places important limitations of a very general kind. The most important of these amendments are the first, fifth and tenth. Under the tenth amendment ‘the power not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.’ This statement is extremely important as it specifically lay down that any action by federal authorities which goes beyond the powers granted in the Constitution is unconstitutional, and must remain so unless the Constitution is amended so as to make it lawful.

The first amendment forbids Congress to make any law ‘respecting an establishment of religion or prohibiting the free exercise thereof.’ It also forbids any law which might in any way take away freedom of speech or of the press, or the right of the people to assemble peacefully and to petition the government for a redress of grievances.

The fifth amendment provides that ‘no person shall be deprived of life, liberty or property without the due process of law; nor shall private property be taken for public use without just compensation.’

The founders of the American Republic left behind them a Constitution which was the first of its kind in the world, and which has inspired dozens of other countries seeking political reform. In most of other countries during the past 200 years, one revolution has led to another, and constitutions have not endured. but the USA, which not so long ago seemed so new in comparison with the powers of Europe, now has the oldest written Constitution in the world, and the longest period without revolutionary change.

Дата добавления: 2015-07-20