THE CONSTITUTION

"... a constitution, intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs."

John Marshall McCulloch v. Maryland, 1819

THE CONSTITUTION AS SUPREME LAW

The U.S. Constitution, a relatively simple document, is the self-designated “supreme law of the land”. This clause is taken to mean that when state constitutions, or laws passed by state legislatures or the national Congress, are found to conflict with the federal Constitution, they have no force. Decisions handed down by the Supreme Court over the course of two centuries have confirmed and strengthened this doctrine of constitutional supremacy.

Final authority is vested in the American people, who can change the fundamental law if they wish, by amending the Constitution, or—in theory, at least—drafting a new one. The people's authority is not exercised directly, however. The day-to-day business of government is delegated by the people to public officials, both elected and appointed.

The power of public officials is limited. Their public ac­tions must conform to the Constitution and to the laws made in accord with the Constitution. Elected officials must stand for re-election at periodic intervals, when their record is subject to intensive public scrutiny. Appointed officials serve at the pleasure of the person or authority who ap-pointed them, and may be removed when their performance is unsatisfactory. The exception to this is the lifetime appointment by the President of Justices of the Supreme Court and other federal judges.

Most commonly, the American people express their will through the ballot box. The Constitution, however, does make provision for the removal of a public official from office, in cases of extreme misconduct or malfeasance, by the process of impeachment. Article II, Section 4 reads: 'The President, Vice President, and all civil offi­cers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."

In such cases, the House of Representatives must vote a bill of impeachment. The public official is then tried in the Senate, with the Chief Justice of the United States presiding at the trial.

Impeachment is considered a drastic measure in the United States. In the past 200 years, only 13 U.S. officials have been impeached: nine judges, an Associate Justice of the Supreme Court, a Secretary of War, a Senator, and a President, Andrew Johnson. (In the case of another Presi­dent, Richard Nixon, although the House Judiciary Commit­tee recommended impeachment the President resigned be­fore a House vote was taken.) Out of the thirteen cases, only four judges have been convicted and removed from office. State officials are similarly subject to impeachment by the legislatures of their respective states.

In addition to setting forth general political ideas, the Constitution provides the blueprint for the governmental system. The three major articles describe the three branches of the national government—legislative, executive and judicial—each with specific duties and responsibilities. Sub­jects on which the legislative branch can make laws are set out in considerable detail, although over the years judicial decisions have expanded the scope.of congressional activ­ity. The powers and duties of the President, as head of the executive branch, are described. A system of federal courts is outlined, and its relationship to other branches of govern­ment is set forth.

The Principles of Government

Although the Constitution has changed in many aspects since it was first adopted, its basic principles remain the same now as in 1789:

• The three main branches of government are separate and distinct from one another. The powers given to each are delicately balanced by the powers of the other two.

• The Constitution, together with laws properly passed according to its provision and treaties entered into by the President and approved by the Senate, stands above all other laws, executive acts and regulations.

• All men are equal before the law and are equally entitled to its protection. All states are equal, and none can receive special treatment from the federal government.

• Within the limits of the Constitution, each state must recognize and respect the laws of the others.

• State governments, like the federal government, must be republican in form, with final authority resting in the people.

• The people have the right to change their form of government by legal means defined in the Constitution itself.

Provisions for Amendment

The authors of the Constitution were keenly aware that changes would be needed from time to time if the Constitu­tion were to endure and keep pace with the growth of the nation, They were also conscious that the process of change should not be facile, permitting ill-conceived and hastily passed amendments. By the same token, they wanted to assure that a minority could not block action desired by most of the people.

Their solution was to devise a dual process by which the Constitution could be changed. The Congress, by a two-thirds vote in each house, may initiate an amendment. Or the legislatures of two-thirds of the slates may ask Congress to call a national convention to discuss and draft amendments. In either case, amendments must have the approval of three-fourths of the states before they enter into force.

Aside from the direct process of changing the Constitution itself, the effect of its provisions may be changed by judicial interpretation. Early in the history of the republic, in the landmark case of Marbury vs. Madison, the Supreme Court established the doctrine of judicial review, which is the power of the Court to interpret acts of Congress and decide their constitutionality. The doctrine also embraces the power of the Court to explain the meaning of various sec­tions of the Constitution as they apply to changing legal, political, economic and social conditions. Over the years, a series of Court decisions, on issues ranging from governmental regulation of radio and television to the rights of the accused in criminal cases, has had the effect of altering the thrust of constitutional law, with no substantive change in the Constitution itself.

Congressional legislation, passed to implement provisions of the basic law, or to adapt it to changing conditions, also broadens and, in subtle ways, changes the meaning of the Constitution. Up to a point, the rules and regulations of the myriad agencies of the federal government may have a similar effect. The acid test in both cases is whether in the opinion of the courts, such legislation and rules are in conformity with the intent and purposes of the Constitution itself.