April 15, 2013
The Costitution A.K.A the "supreme law of the land," Is the most important Developement in American Constitutional thinking to take place during 1776-1787. The constitution was concerned in developeing a new way of government. In 1776 a constitution was not in place, And simply calling a document a constitution did not make it legally distinct from any ordinary legislation. A constitution is the body of rules in accordance with which the powers of a government are distributed and excersised.
How did the U.S. come to have writen the constitution? There are three Charters that influenced this. Firstly, the influene of the colonial charters. Secondly, was the church covenants, and Thirdly the influence of english precedent, these developed a habit of drawing up constitutional documents for purpose of placing limitations on the king or the government.(Hutchinsons,2)
The general court later wrote a new constitution to replace the Royal Charters. The general Court agreed to a convention, Which purpose was only to write a constitution. After the writing of the constitution a Convention was then set up to allow the people of Massachussetts to overlook this set up a two part process, Framing and ratification by the people that the writers of Constitution followed. The preamble was revised up until the last days of the convention. Instead of listing the people of the states individually, The final wording encripted the American people as "WE." This showed us as American people Excersising their soverign power, as we proclaimed in the Declaration of Independence. "To institute a new Government" better designed to protect their essential rights and interests.
Article I. Section I. " All legislative powers herin granted shall be vested into a congress of the United States, which shall consist of a Senate and House of representatives." The legalistic phrase "herin granted." indicates that the national government will posses a specific set of powers. It also illustrates the basic premise of American constitutional thinking. The Government does not claim an unlimited or inherent authoirty to legislate; but it holds only such powers that the people entrust to it.() The framers of the constitution wanted to set up a more perfect union. There were no Corresponding age requirements in the state constitution or specified for election to the Brittish House of Commons.
Article I section 2. of th Constitution as followed, "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen." This section of the constitution ensured many things. "The House of Representatives shall be composed of Members chosen every second Year by the People of the several States." This sentence alone setup elections for the house that if the people are displeased with the actions that they carry out they can loose their seat in the house and ensuring that no one person is too powerful. The rest of section two sets up the qualifications that the Brittish constitution lacks; you must be twenty- five, a seven year citizen of the U.S. States Cannot add further qualifications for eligibility, and only voters at the polls can limit the number of terms that their elected representative and senators serve can since 1913.
Article one clause 3. "Representatives and direct Taxes shall be apportioned among the several States which may be...