Judicial Branch, Federal Written Constitution, and State Written Constitution

Introduction

The cornerstone of the American government’s goals, principles, and organizational framework are found in the U.S. Constitution. Subsequently, the federal democratic nation type of governance is established under the Constitution. To put it differently, the union of 50 independent states is not breakable. In a democratic nation, people are in charge of the government mainly because they are the voters, and they select representatives in a free and secret election; it is representational. It is a republic; therefore, the people are the source of the government’s authority (Bodenhamer, 2018). Therefore, this research will evaluate the judicial branch and the federal and state written constitutions.

Judicial Branch

The United States Constitution establishes three branches of the federal government to prevent any person or party from having much power. The legislative branch drafts the laws. It consists of Congress, which comprises the Senate and the House of Representatives. The Executive branch executes legislation. It is made up of the cabinet, the vice president, the majority of federal agencies make up this body and the President. Article III of the U.S. Constitution creates the Judicial Branch (Bell, 2018), whose role is to determine whether laws are constitutionally flawed, use the law in specific situations, and select the interpretation of legislation. It incorporates other federal courts and the Supreme Court.

The Supreme Court is the country’s Superior Court. It has nine justices selected by the President and approved by the Senate. Even though the Supreme Court has the authority to determine the final interpretation of the Constitution, this authority is limited. Without the executive branch’s assistance, the Court cannot carry out its rulings, and Congress does, at least in part, have some influence over the Court’s authority. Following the Constitution, the federal courts have a narrow scope of authority (Bell, 2018). They can only hear controversies or cases; thus, they cannot undertake extrajudicial tasks or advise the Head of state or Congress on whether a proposed action is lawful. They are only permitted to hear cases mentioned explicitly under Article III’s description of the United States’ judicial authority. The instances described in Article III were selected to safeguard various U.S. interests.

Federal Written Constitution

The American Constitution is considered to be the country’s highest law. This Constitution replaced the country’s first Constitution and the Confederation Articles. The United States Federal Constitution is the most remarkable written Constitution in the world. It was drafted in 1787, approved in 1788, and has been applied since 1789. The federal Constitution is an organic text that serves as the fundamental guidelines for the political and legal structures of the federal government. The Constitution has three purposes (Bodenhamer, 2018): a checks and balances system between the three branches; first, establishing a national government with a legislative, executive, and judicial branch. It also divides authority between the states and the federal government. Thirdly, it safeguards the citizens of the United States’ distinct personal liberty.

It defines the framework of the national government and originally had seven articles. The federal government is organized into three divisions: the legislative (Article I), the executive (Article II), and the judicial (Article III). The first three of the Constitution’s articles express the notion of power separation (Article III). Federalism is embodied in Articles IV, V, and VI, which detail the responsibilities and duties of state governments, the connection between the states and the central government, and the collaborative process of amending the Constitution. The process by which the 13 States ratified it is laid forth in Article VII. It is thought to be the earliest actively documented and legislated national Constitution. The Constitution has undergone 27 amendments since its effect in 1789 (Bodenhamer, 2018). The first ten amendments, usually called the “Bill of Rights,” generally provide personal justice and liberty protections and limit the government’s authority. Many of the 17 subsequent amendments increase protections for each person’s civil rights. Others deal with matters about federal jurisdiction or alter policies and practices inside the government. The paper has appendices with the U.S. Constitution’s amendments.

State Written Constitution

Every state in the United States has a written constitution. They are considerably lengthier than the 4,543 words of the U.S. Constitution. Because they dive into greater depth about daily interactions between the citizens and the government, state constitutions are usually more than 8,000 words. The Vermont Constitution, enacted in 1793 and has 8,295 words as of this writing, is the shortest (Calabresi et al., 2018). The largest is Alabama’s sixth and present Constitution, which is around 345,000 in length and was approved in 1901.

State constitutions typically cover a wide range of topics the states believe are important enough to be incorporated into the Constitution instead of a regular statute. They define the framework of the state government. They commonly include rights, an executive branch led by a governor, a state assembly, a state judiciary, and a state supreme court. They are frequently fashioned after the federal Constitution. They also give each branch of government a standard guideline for what it should perform and how it should achieve it. Many more clauses could also be included.

Additionally, most state constitutions commence with a prayer to God (Calabresi et al., 2018). Constitutional amendments may be initiated in some states. According to the Bill of Rights, those powers not expressly granted to the U.S. by the Constitution or expressly denied to the States belong to the States in question or the people. Throughout their history, several states have adopted several different constitutions.

Conclusion

In conclusion, the Constitution is the fundamental and highest law of the U.S. It outlines the framework of the American government, establishes the legal groundwork for all of its activities, and lists and protects all its citizens’ rights. The U.S. Constitution grants Congress, the Presidency, and the Federal courts the authority to act as the federal government’s legislative, executive, and judicial departments. State law supplements the rights established by federal law for all U.S.

References

Bell, L. C. (2018). Monitoring or Meddling: Congressional Oversight of the Judicial Branch. Wayne L. Rev., 64, 23.

Bodenhamer, D. J. (2018). The U.S. Constitution: A Very Short Introduction (Vol. 566). Oxford University Press.

Calabresi, S. G., Begley, H., Dore, K. L., & Agudo, S. E. (2018). Individual Rights Under State Constitution in 2018: What Rights are Deeply Rooted in a Modern-Day Consensus of the States. Northwestern Law & Econ Research Paper, (18-02), 18-02.

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