Higher Law Vs Constitution

Image a life with the people of your country and you living with fear of the unknown of what the government’s next move because of their absolute power and make decisions and choices without any of the people’s consent. To prevent this our Founding Fathers have written a constitution that has prevented this from ever happening to our government. They have written the constitution to guard from tyranny by incorporating Federalism, Representation of the people, and Checks and Balances.

Every state in the Union has created and implemented its own constitution. These constitutions provide the legal framework by which government operates. They also identify the specific role of government, and endow it with certain powers and authority. A constitution also creates a system for how power is to be delegated and distributed through the creation of branches and individual offices. Along with the authority it provides, constitutions create limits on this power of government, and establish checks and balances to further limit the scope of each individual branch and officeholder. Most importantly, constitutions provide unalienable rights to citizens that cannot be refused, or abridged by government. Each state’s constitution is different, however, all of them serve these functions, in order to, create a lasting government that acts in the best interests of its citizenry.

Tyranny is a monster; a dictatorship in full force, and one operation that can demise the greatness and the tenacious power of a country within months. But the United States of America, the country with the longest standing Constitution in history, disregards tyranny as impertinent, as George Washington had once said, “A free people ought not only to be armed, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which may include their own government.” The United States Constitution encompasses the fundamental laws and provides the guarantee of many basic rights to the citizens of the country. It establishes the national government of the United States. The document

The Constitution itself not only established a strong national government, but also established fundamental laws, along with the basic rights of citizens.

The Constitution is the Supreme of laws of the nation, which protects the people’s rights. The Constitution includes many amendments that provide the people many unalienable rights. The founding fathers fear of tyranny influenced them to create a restriction of power for the government, and create check and balances between the different branches of government. As a result of check and balances, the judicial branch was assigned to examine the constitutionality of certain laws passed by Congress. Moreover, the judicial branch, that use the judicial review to give power to the Supreme Court to revise and ban laws that are unconstitutional. The Supreme Court tries to balance the rights of the individuals with the responsibility of the society. However, there have been many cases in which the Constitution does not say to whom the power belongs to. For example, Abortion has been a controversial issue

The Constitution ensures that the power lies in the hands of the people, and if corruption

In the USA and in each of the fifty states, the most basic fundamental is a constitution, which is a relatively simple document and is the self-designated supreme law of the land. As the supreme law of the land, Constitutional Law texts are generally divided into two parts. The first part is about the allocation of powers. This entails two basic principles of American Constitution:separation of powers and division of powers. The former one discusses the interaction among the three constituent elements of national goverment, while the latter one refers to the extent of power possessing by the federal goverment and specification of states' power. Both of the two principles function under one

The United States Constitution is set up for democracy like the colonist wanted. The constitution prevents anarchy and protects your rights. As a citizen you are protected by the Bill of Rights. We are entitled to freedom of speech, religion, and have dual process. We have guaranteed rights, separated powers of government to prevent tyranny, and we elect our representatives under The United States Constitution. The United States Constitution is set up to keep up with changing times.

The Constitution establishes the structure of government in the United States, starting with the fundamental principle that the will of the people is the basis of the legitimacy of government. The Constitution’s first ten amendments, adopted in 1791 and known as the Bill of Rights including the checks and balances between the legislative, executive, and judicial branches, as well as the reservation of significant authority and autonomy for the states joined together in a federal system—have been the basic building blocks of a government of the people, by the people, and for the people throughout U.S.

When people gather together for form a society, they will automatically need a fundamental law (constitution) that will be above everything and everyone. Constitution is what actually regulates a country. It provides rights and set up obligations for everyone. The United States constitution is one of the greatest documents ever written. It provides liberty, prosperity, equality, more importantly huge freedom. However, the ratification of the U.S. constitution was not an easy task. The farmers had trouble to agree on several issues such as the representation and distribution of political powers; how to prevent excessive democracy; and the protection of individual liberties, etc.

The United States Constitution is an outline of the laws and principles that define the rights of American citizens and sets limits on what the government can do by organizing the branches of government. The legislative branch creates the law; the executive branch enforces the law and the judicial branch decides if the law follows the constitution. There are on-going debates about what The Constitution writers meant and what rights are given. From the beginning its writers debated how the details would be framed.

In the immortal words of Thomas Paine, “a constitution defines and limits the powers of the government it creates” (Paine 1805). One of the great debates among Constitutional scholars is just what the exact purpose of Constitutions are. Some argue that Constitutions function as expressions of values of the populace at the time. Others theorize that Constitutions serve as tools of social coordination. While both of these theories have merit, at the end of the day, Constitutions primarily function as power maps. Ultimately, they express the power dynamics between citizens and their government, between different branches of government themselves, and between different social groups.

As the primary law of the land, the Constitution establishes all succeeding laws that would cater to the development and progress of a nation. The United States, with almost half a millennia of political practice has created for itself a system spanning the entire modern free world.

Amendments are what hold this country together and need to be maintained. The social contract makes the assertion that the people give up a few of their freedoms and rights in exchange for protection (Barbour & Wright, 2014). This idea of freedom for the people spread to the new colonies. These new colonies gradually developed into more advanced systems of freedoms and equalities. Initially, the United States had no power in the central government with the Articles of Confederation. This led the U.S. to form the U.S. Constitution. The Constitution establishes a checks and balances system and separation of powers. The constitution is still used to operate under and is a living, breathing document. In this living document are the Bill of Rights, which guarantee civil liberties.

Constitutions, whether democratic, transitional, or authoritarian among others, all serve a few common goals and purposes. The most recognizable purposes of a constitution typically include political and social structure in the form of judicial and legislative processes and civil rights. The goal is often to guide, give, and limit power in ways that benefit the current political elites and limit their potential rivals. Just as Galligan and Versteeg wrote in Theoretical Perspectives, “One of the primary goals of any constitution, after all, is to create, channel, and monitor power.” These pieces of the constitutional puzzle are an integral part of what makes a constitution a sort of “power map”.