US Constitution
Constitutional theory is a set of principle guidelines upon which theConstitution of the United States finds its footings. Primarily aimed atopposing the despotic nature of European governments, the US Constitutionthus proposes and establishes such golden principles that "government comesfrom below and not from above; and it derives its powers from the consentof the governed; and that men have certain natural, inalienable rights; andthat it is wise and feasible to distribute and balance powers withingovernments, providing local powers to the local governments and generalpowers to the national government; and that men are born equal and shouldbe treated as equal before the eyes of the law". (Murphy, 2000; Ponceau,Why was such a document so important to the new nation' and What historicalThe importance of the US Constitution can be assessed from observing the'Articles of Confederation', the single document framed during the presenceof the British armies in America. The 'Articles of Confederation' lackedboth the national executive as well as the national judiciary. Further,
The President of the United Statesduly appoints the judges of the US Supreme Court, under due advice andconsent of the Senate. Since the attainment of these objectives is acontinuous process, the US Constitution serves as a living document. These objectives include forming a more perfect union,establishing justice, ensuring domestic tranquility, providing for thecommon defense, promoting the general welfare, and forever securing theblessings of liberty. (Murphy,2000; Ponceau, 2003)Which article discusses presidential power/limitations'The 1st Article of the US Constitution discusses in detail the powersvested in the President of The United States, His duties, and Limitations. (Murphy, 2000; Ponceau, 2003)Why did they select three branches of government instead of the two commonin the European nations'The selection of the three branches of the government, instead of the twopracticed by the European nations was carried out to effectively checkindiscrimination on the part of the federal government. Hence, the judges not only interrelated the law, they also assurethe viability of their rulings. The need thus rose for an establishment of a"more perfect union', and hence the framing of the US Constitution. powers to exercise, and without the ability to raise a nationalmilitary, the central government was at a loss, since powers vested by thesaid Articles of Confederation did not allow authority over its owncitizens, it could not prevent any violation by a state on the rights ofthe other, and nor could the central government build effective relationswith foreign governments. (Murphy, 2000; Ponceau, 2003)What does the constitution define the judicial branch' How has thatdefinition evolved'The US Constitution defines the judicial branch of the government as theJudiciary, with the judicial powers vested in US Supreme Court, and suchlower courts as Congress may wish to establish according to the needs andrequirements of the law and justice. How the constitution is considered a living document'The US Constitution is considered a living document, due to the fulfillmentof its principle objectives through a process of change as may be deemednecessary. Hence, the threeexecutive branches of the federal structure dependent upon each othersought to ensure a healthy functioning of the entire structure. The 2nd and 3rdAmendments guarantee each citizen the right to bear arms. The 6th Amendmentprovides for a right to a speedy and fair trial with adequate counsel. (Murphy, 2000; Ponceau,2003)What documents were used prior to 1787 to govern America' Why were theyinsufficient'Prior to 1787, the 'Articles of Confederation' were the primary source ofgoverning the areas that today constitute as the United States of America. The words Charles Evans Hughes perhaps bestdescribe this line of thinking, as he notes, "we are under a Constitutionbut the Constitution is what the judges say it is".
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