WHO GIVES THE PRESIDENT
HIS Authority?
WHO GIVES CONGRESS THE POWER
TO CREATE OUR LAWS?
WHO GIVES THE SUPREME COURT
THE AUTHORITY TO INTERPRET OUR LAWS?
"The Constitution
does not solve our problems.
It gives
people freedom and opportunity to solve their own problems.
It gives
representatives of the people authority to help solve problems.
It provides
an executive to enforce the laws and administer the government.
It provides
a judicial branch to say what the law means. From there on it is up to the
people."
Warren E. Burger, Chairman of the Commission,
Chief Justice of the United States (1969-1986)
Two hundred
years ago, a document was drafted establishing the American system of government.
No other people had ever written such a document. And the government it created
has successfully endured longer than any of its kind in history.
After the
Continental Congress voted for independence from England in 1776, the "Articles
of Confederation" were drafted. granting limited federal power. But the
government could not levy taxes or regulate trade between the states or
with foreign countries.
In America's
early years, disputes often arose among the states. Locked into a clumsy
structure, the U.S. government was too weak to enforce treaties or settle
differences.
A decade
after independence, it was apparent that the articles were ineffective. To
survive, the national government needed a stronger foundation.
In May, 1787,
the Constitutional Convention opened in Philadelphia. Its purpose was to
strengthen the Articles of Confederation. But after some debate, it was agreed
that a completely new government should be created.
The Convention
delegates were a distinguished group comprised of some of the best educated,
most respected men in the United States. They were men who had studied law,
government, political theory, and history. Some of the delegates are familiar
to you - George Washington, James Madison, Alexander Hamilton, and Benjamin
Franklin.
Many obstacles
were faced and overcome during the course of the Convention. With some skillful
comnpromise, a structure for the new government finally emerged.
There would
be three equal branches of government. The Executive Branch, led by the President,
who would administer the government.
The Legislative
Branch, comprised of the Senate and the House of Representatives, would make
the nation's laws.
And the Judicial
Branch, consisting of our federal court judges, would interpret the laws
for particular cases.
The Constitution
assigned responsibilities and powers to each of these three branches and
the government. At the same time, it provided for a system of "checks and
balances" to ensure that no one branch could abuse its power.
In September
of 1787, the new Constitution was presented to the states for ratification.
Supporters and opponents took up their positions, and a rich dialogue ensued
which lasted for almost nine months.
The Federalists
supported the Constitution. They believed a strong national government would
help America prosper and compete with foreign countries. Since the government
was responsible directly to America's citizens, they believed the rights
of the people would be safe.
The Anti-Federalists
felt differently. They argued that the Revolution had been fought to overcome
excessive government power. They feared the new Constitution granted too
much strength to the federal government, and would interfere with individual
rights.
To guard
against the loss of liberties, the first Congress agreed that a Bill of Rights
should be added to the Constitution. The Bill of Rights, the first ten amendments, was ratified
by the states and became part of the Constitution on December 15, 1791.
Through the
years, other amendments have been added to the Constitution. There are now
26. The most recent was added in 1971, granting the vote to eighteen-year
olds.
Most of the
amendments have either altered government structure or strengthened the Constitution's
guarantee of equality and justice.
The ability
to add amendments ensures the Constitution's vitality and effectiveness through
changing times.
If there
is one guiding principle of the U.S. Constitution, it is that power is granted
to the government by those who are governed - We the people of the United
States.
We the people
are the foundation of our representative government.
Each person
has the right to participate or not to participate in government.
However,
an informed, involved citizenry is the best insurance for a continued free
and representative government. Be involved in your community.
Your public
library is full of information on the history of the Constitution, the men
who drafted it, and the functioning of the American government. To celebrate
the birthday of the U.S. Constitution, learn about the illustrious document
that has guaranteed our rights and kept the nation free for the past 20()
years.
U.S. Government Printing Office, The
Constitution (Washington, D.C., 1990).