The Constitution is a set of legal provisions that establish the machinery of a nation’s government and identifies and outlines the connection among its numerous agencies and elements, such as the executive, legislative, judicial, federal, and state councils. It is a state or country’s Supreme Law that establishes the system for making legislation or laws and the state’s administration. It is the foundation of any country’s governance. The Constitution of the US is a magnificent document. It was a remarkable democratic experiment since two centuries years ago (Landau, 2020) that has shown both robust and adaptability enough to endure and stay successful in a society far diverse from the one in which it was drafted. The US government established the Constitution to perform three essential functions.
First, it strengthens the central government with three bodies (Landau, 2020): judiciary, legislative, and executive, as well as a model of balance of powers among them. The federal government of the US has three central bodies: the executive, which is entrenched in the Head of state; the legislative, which is entrusted in Congress; and the judicial body, which is deeply embedded in one Supreme Court (Kelly, 2021) and other national tribunals established by Congress. The law builds a balance of powers to curb tyranny from any government’s body (Kelly, 2021). The bulk of significant actions needs the engagement of many government departments. The Head of state, for example, has the power to veto regulations developed by Congress. The executive authority prosecutes individuals charged with infractions, but the courts must convict them. The Head of state appoints federal judges, but the Senate must approve them (Landau, 2020).
The Constitution additionally plays an essential part in dispersing power between the two governments. The central government is robust, with significant authority over the states, but its capabilities are tied. Any rights not delegated to the central government or banned to the locals remain with the people. Even though the central government’s capabilities are limited to those set down in the national law, they have been understood pretty liberally. Furthermore, federal legislation takes precedence over local legislation under the Constitution’s exclusionary rule. State or provincial legislation that conflicts with the federal statutory law is subject to preemption (Kelly, 2021). The law also restricts the states’ authority in relation to one another. Since the U. S. Parliament has been granted the ability to control and tax trade among states (Kelly, 2021), the states’ ability to handle and tax such business among themselves is limited. The immunities Clause and the Constitution’s privileges restrict States from unfairly against individuals of other states in various ways.
The Constitution’s third fundamental purpose is to guard individual freedoms against state intervention. Several such protections are in the Constitution’s primary body (Melville, 2018). Ex post facto statutes that penalize activity that was not unconstitutional (Melville, 2018) at the era it was conducted, and petitions of attainder that single out individuals or institutions for retribution are both prohibited under Article I, sections 9 and 10 (Kelly, 2021). The bulk of amendments for citizens’ liberties is contained in the Charter of Rights, encompassing the first 10 constitutional changes. Such provisions were enacted immediately following the Constitutional ratification due to local complaints regarding the law’s lack of personal liberty provisions. The requirements of such modifications were initially thought to concern solely the central government (Melville, 2018); however, the Supreme Court has subsequently held that the introduction of the 14th Amendment (Landau, 2020) due process clause following the Civil War rendered most of them relevant the states. The Equal 14th Amendment safeguards citizens against discrimination by States based on race, gender, or other attributes (Landau, 2020).
Kelly, A. H. (2021). American Constitution.
Landau, D. (2020). Courts and Constitution Making in Democratic Regimes: A Contextual Approach. REDRAFTING CONSTITUTIONS IN DEMOCRATIC ORDERS: THEORETICAL AND COMPARATIVE PERSPECTIVES __ (Gabriel Negretto, ed., Cambridge University Press, forthcoming 2020).
Melville, H. (2018). The Legal Fictions Needed for a State of Nature Debate.