An analysis of the american constitution and the basis of all law in the united states

The Code of Federal Regulationsthe codification of federal administrative law Congress often enacts statutes that grant broad rulemaking authority to federal agencies.

An analysis of the american constitution and the basis of all law in the united states

Advertisement The Constitution is often hailed as a marvel of brevity and of clarity. It was, however, written in the 18th century, and many of the ideas, concepts, words, phrases, and euphemisms seem odd to us today, if not down right foreign. Some of the more obscure words are defined in The Glossary.

But what of the Constitution itself? What does it mean? What does each article, each section, say? This page is like a synopsis or summary of the Constitution, article by article, amendment by amendment. This should not be taken as a substitute for the Constitution, but more like a study guide.

The Preamble to the Constitution has no force in law; instead, it establishes the "Why" of the Constitution. Why is this document in existence? It reflects the desires of the Framers to improve on the government they currently had to be "more perfect" than the Articles of Confederationto ensure that that government would be just, and would protect its citizens from internal strife and from attack from the outside.

It would be of benefit to the people, rather than to its detriment. And, perhaps as importantly, it intended to do the same for the future generations of Americans. A more extensive exploration of the Preamble is also available.

Article 1 establishes the first of the three branches of the government, the Legislature. Section 1 establishes the name of the Legislature to be The Congress, a bicameral, or two-part, body. Section 2 defines the House of Representatives, known as the lower house of Congress.

It establishes a few minimum requirements, like a year-old age limit, and establishes that the people themselves will elect the members for two years each. The members of the House are divided among the states proportionally, or according to size, giving more populous states more representatives in the House.

The leader of the House is the Speaker of the House, chosen by the members. Section 3 defines the upper house of Congress, the Senate. Again, it establishes some minimum requirements, such as a year-old age limit.

Senators were originally appointed by the legislatures of the individual states, though this later changed. They serve for six years each. Each state has equal suffrage in the Senate, meaning that each state has the exact same number of Senators, two each, regardless of the population.

This Section introduces the Vice-President, who is the leader of the Senate called the President of the Senate ; the Vice-President does not vote unless there is a tie. Section 4 says that each state may establish its own methods for electing members of the Congress, and mandates, or requires, that Congress must meet at least once per year.

Section 5 says that Congress must have a minimum number of members present in order to meet, and that it may set fines for members who do not show up. It says that members may be expelled, that each house must keep a journal to record proceedings and votes, and that neither house can adjourn without the permission of the other.

Section 6 establishes that members of Congress will be paid, that they cannot be detained while traveling to and from Congress, that they cannot hold any other office in the government while in the Congress.

Section 7 details how bills become law. First, any bill for raising money such as by taxes or fees must start out in the House.

All bills must pass both houses of Congress in the exact same form. Bills that pass both houses are sent to the President. He can either sign the bill, in which case it becomes law, or he can veto it. This is known as overriding a veto. There are a couple more options for the President.

First, if he neither vetoes a bill nor signs it, it becomes a law without his signature after 10 days. The second option is called a pocket veto. It occurs if Congress sends the bill to the President and they then adjourn.

If the President does not sign the bill within 10 days, it does not become law. Section 8 lists specific powers of Congress, including the power to establish and maintain an army and navy, to establish post offices, to create courts, to regulate commerce between the states, to declare war, and to raise money.

It also includes a clause known as the Elastic Clause which allows it to pass any law necessary for the carrying out of the previously listed powers.

Section 9 places certain limits on Congress. Certain legal items, such as suspension of habeas corpus, bills of attainder, and ex post facto laws are prohibited.A constitution is a formal statement of the central governing principles of a nation.

Generally, a constitution will set forth the structure, powers and duties of the government and state the rights of the government’s citizens.

The United States Constitution is considered the first modern. The law of the United States comprises many levels American common law.

United States Constitution |

The United States and most Commonwealth countries are heirs to the common law legal tradition of English law.

by vesting "judicial power" into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution. United States constitutional law defines the scope and application of the terms of the Constitution.

on shaky constitutional footing but has been applied to the challenging party in a manner that does not implicate the basis for the constitutional claim, the Supreme Court will not decide whether the statute might be unconstitutional if it.

The Constitution of the United States of America: Analysis and Interpretation (popularly known as the Constitution Annotated) contains legal analysis and interpretation of the United States Constitution, based primarily on Supreme Court case law.

The United States Constitution is the supreme law of the United States.

An analysis of the american constitution and the basis of all law in the united states

Although the Treaty of Paris () was signed between Great Britain and the U.S., and named each of the American states, various individual states proceeded blithely to The Court will choose statutes or general law for the basis of its decision if it can without.

The U.S. Constitution is the basis of all law in the United States. True. The U.S. Constitution reserves to the federal government all powers not granted to the states. False. Business Law - Chapter 1 Multiple Choice.

37 terms. The Nervous System. 21 terms. Conversions.

United States Constitution - Wikipedia