Introduction – Understanding the Supreme Law of the Land
Every country has rules. The United States has an exception. This principle is more significant than any other principle. It has been dubbed as the highest law of the land. If you need info related The 10 Oldest Countries in the World.
How are other laws lesser than this one? America has had the document that overshadows all the rest. That is the document of the Constitution. The highest law of the land is the constitution.
This is of concern to all Americans. It is one that matters to those living here. People who visit are interested in it. This law has to be observed by everyone. Being aware of it will enable you to be aware of your rights. It makes you learn the way America functions.
The Constitution – America’s Supreme Law of the Land
What Does Supreme Law Mean?
The term supreme refers to highest. It means most important. By referring to the Constitution as the supreme law of the land, we mean the highest law. There can be no other law that is more significant.
The rule of law in America is established by the constitution of the united states. It has to be followed by all other U.S. laws. Federal law must follow it. State laws must follow it. City laws must follow it. If you want to read about What Time Is 30 Minutes From Now visit this page.
Think of it like a pyramid. At the summit of it lies the Constitution. All other laws sit below it. When a law violates the Constitution, then the law cannot be sustained. The Constitution is never defeated. Here is constitutional supremacy.
When Did the Constitution Become the Supreme Law?
In 1787, the Founding Fathers created the Constitution. They met in Philadelphia. Their desire was to produce a powerful nation. They required a system of governance.
The states had to agree to it. This is referred to as ratification. Enough states ratified it in 1788. That was the year the United States Constitution became the highest law of land.
There were other rules in America. The Articles of Confederation were ineffective. The new Constitution was more powerful. It gave us the America that we have today.
What the Constitution Says of Being Supreme Law.
The Constitution contains six major sections known as articles. Article VI is very important. It comprises the Supremacy Clause.
According to the Supremacy Clause, the Constitution is the highest of the law of the land. It uses these exact words. According to it, judges of all states need to adhere to it. According to it, this law has a higher rank than any state law.
This provision renders the Constitution powerful. It renders the constitutional law binding to all. No state can ignore it. No person can ignore it. It sets legal jurisdiction in the whole country.
Why Is the Constitution Called the Supreme Law of the Land?
The Constitution Creates the Government
The federal government is formed by the constitution of the United States of America. It is what makes the government to be there. It sets up three branches.
The first branch is Congress. Congress makes laws. This is called lawmaking. But the Congress is not able to produce the laws which violate the Constitution.
The second branch is the President. The President enforces laws. The Constitution should be adhered to by the President as well.
The third branch is the courts. The Supreme Court is the ultimate court. The federal court system interprets legislations. The courts ensure the laws are not contrary to the Constitution.
Each branch has limits. They have power in the Constitution. It also limits their power. This maintains the balance of the government.
The Other Laws have to be subservient to the Constitution.
Any law in America should be submissive to the Constitution. This is under obedience to Constitution. The Federal law is Congressional. These laws should be constitutional.
State governments are sources of state laws. Each state has its own laws. But the Constitution cannot be broken by the state laws. In the event they are, they have to be unconstitutional.
Cities and counties are sources of local laws. A city is not permitted to enact a law that is against the Constitution. Indicatively, a city cannot prohibit free speech. Freedom of speech is a freedom guaranteed by the constitution.
Everyone is secure under this system. It implies that the Constitution operates equally across the board. You may be living in California or in New York, but you are under the supreme law of the land.
The Rights of Your Constitution are Guaranteed.
Constitutional rights are safeguarded in the Constitution. The bill of rights is the first ten amendments. This is under the supreme law of the land.
You have freedom of speech. You can say what you think. The government is not able to stop you. This entitlement is constitutional.
You have freedom of religion. Any religion would be okay. You can practice no religion. This decision is safeguarded in the Constitution.
When you are accused of a crime, you are subject to trial. You get a lawyer. One cannot be deprived of these constitutional rights. The supreme law of the land protects them.
What Happens When Laws Don’t Follow the Supreme Law of the Land?
Courts Check the Laws
In some occasions a law may not be constitutional. Once this occurs, individuals are able to question it. They file a legal case. The case goes to court.
Judges review the law. They equate it to the Constitution. They consider what is written in the Constitution. They determine whether the law is constitutional or not. This is what is referred to as judicial review.
The judicial review is highly essential. It allows the courts to provide checks to lawmaking. Congress can be prevented by the courts in the event that they make a bad law. In case a state passes an unconstitutional law, the courts may invalidate it.
This can be illustrated by a mere example. Imagine a state makes a law. According to the law, individuals are not allowed to practice a given religion. Someone challenges this law. They take it to court. The Constitution is read by the judge. Religious freedom is considered in the Constitution. According to the judge, the law is unconstitutional. The law must go away.
The Special Role of the Supreme Court.
The apex court in America is the Supreme Court. It belongs to the federal court. It dictates the constitutional law.
Once the Supreme Court reaches a court ruling, such a ruling is final. It can not be overruled by any other court. What the Constitution says is determined by the Supreme Court.
Unconstitutional laws may be struck down by the Supreme Court. In case congress enacts a law which violates the constitution, then the Supreme Court will intervene. In case a state enacts an unconstitutional law, the Supreme Court has the power to terminate it.
A famous example is Brown v. Board of Education. This court decision came in 1954. In some states, there were laws that segregated black and white students in schools. This, according to the Supreme Court, was unconstitutional. The Constitution guarantees the equality of protection. Putting students in colored groups was against the supreme law of the land. The laws had to change.
What Does Unconstitutional Mean?
Unconstitutional is a law that violates the Constitution. This law contradicts the sovereign law. An unconstitutional law cannot be sustained.
Whether something is unconstitutional or not is determined by courts. They use judicial review. They refer to the Constitution attentively. They contrast the legislation with what the Constitution says.
In case a court determination states that a law is unconstitutional, the law should be eliminated or reformed. The government attempts to remedy the law sometimes. They transform it to be in line with the Constitution. Other times, the law just ends.
How Does the Supreme Law of the Land Affect You?
Your Daily Life and the Constitution
The Constitution impacts on your life daily. You might not see it. But it is there. It protects you.
You can speak your mind. You can post on social media. It is possible to blame the government. This is safeguarded in the Constitution. Freedom of speech is a right in the constitution.
You are free to hold any religion of your choice. You may attend church, temple, or mosque. You can pray at home. You may decide that you would not want to be religious. This freedom is provided by the Constitution.
You have the right to vote. At the age of 18, you are eligible to vote so that you can take part in elections. This privilege is constitutional.
You are insured against unjust treatment. The police have no right to conduct a warrantless search of your home. You cannot be tried without being punished. The Constitution offers these safeguards. They belong to the paramount law of the land.
The case of the State Laws vs. Supreme Law of the Land.
States have the powers to generate their own laws. This is the way America operates. Each state is different. States possess the legal power over quite a number of issues.
States make driving laws. The speed limits are determined by each state. There are states that involve car checks. Others do not. This is okay. These laws are after the Constitution.
Laws regarding education are made by states. They determine the learning of students. They set school schedules. This is state level law making.
However, the Constitution cannot be violated by state law. Free speech cannot be prohibited in a state. A state is not able to take away constitutional rights. When a state attempts to do it, it is acting against the highest law on the land.
In case of a collision the Constitution prevails. The Constitutionally based federal law is supreme. States must follow it. And this is constitutional supremacy. It maintains a single governing structure in the country.
The Supreme Law and the Federal Laws.
But the Congress must obey the Constitution as well. Congress has power. But that power has limits. These limits are established by the Constitution.
Indicatively, Congress cannot legislate a law that contravenes the freedom of speech. They are not able to do such even when the Congress desires. The ultimate law of the land is the Constitution. It is greater than the amounts made by Congress.
The President has to be guided by the Constitution. The President takes an oath. According to the oath, the President will uphold, guard and safeguard the Constitution. This oath cannot be neglected by the President.
All the people in the government are to observe the supreme law of the land. These include members of congress. This includes judges. This involves police personnel. All of them are covered by the Constitution. This makes sure there is adherence to Constitution on all levels.
Can the Supreme Law of the Land Change?
The Amendment Process
The Constitution can change, yes, it can change. Amendments are referred to as changes. An amendment forms a part of the highest law on land.
However, it is difficult to change the Constitution. This was intentional on the part of the Founding Fathers. They desired the supreme law of the land to be stable.
You must have many people in order to amend the Constitution. The Congress has to agree two-thirds. It implies that the majority of senators and representatives will have to vote yes.
Next, three-fourth of the states have to ratify the amendment. That is 38 states. They must agree to the change. It is only after this that it is included in the Constitution.
This is the way that safeguards the supreme law of the land. It implies that rapid hasty transitions are impossible. Big agreement is required of big changes.
How Many Amendments Exist?
There are 27 amendments of the United States constitution. Each of them altered the highest law of the land somehow.
The Bill of rights is the first ten amendments. They were added in 1791. They save valuable constitutional rights. They are the freedom of speech, freedom of religion and right to fair trial.
Big changes were made in other amendments. The 13 th Amendment abolished slavery. Women had the right to vote thanks to the 19 th Amendment. The voting age was reduced to 18 by the 26 th Amendment.
Individual amendments all underwent the tough process. All of them had to be passed by Congress and states. All of them were included in the overarching law of the territory.
Why Changes Are Difficult
Amendments to the Constitution are not easily made because of good reasons. The sovereign law of the land must be consistent. The country would have chaos in case it altered without much effort.
Suppose that a few persons could do it within a short time, and alter the Constitution. They may deprive you of your rights. They were able to transform the government itself. This would be dangerous.
The challenging procedure makes the Constitution robust. It implies that there are no changes unless majority is in agreement. It implies the systems of governance remain stable.
This stability is beneficial to all. Citizens are aware of their constitutional rights. Businesses know the rules. The government is aware of its boundaries. The rule of law remains constant.
Who Must Follow the Supreme Law of the Land?
Government Officials
The supreme law of the land must be obeyed by the President. When a new President assumes office, he/she swears an oath. They take oaths of supporting the Constitution. This is a serious promise.
Congressional members have to go by the Constitution. There is also the oath taken by senators and representatives. They declare to uphold and protect the Constitution. They are not allowed to come up with unconstitutional laws.
The Constitution must be adhered to by judges. The constitutional law is enforced by the Supreme Court and all the other courts. Judges make up their minds to use the Constitution. But they must respect it. It is the ultimate law of the land.
This is the rule observed by all the federal judiciary. All federal employees are guided by it. Their legal authority is the Constitution. It guides everything they do.
State and Local Governments
The State governments should adhere to the Constitution. It is upheld by sworn oaths of governors. It is promised to be supported by state legislators.
The Constitution is enforced by state judges. Although they are servants of the state, they observe the supreme law of the land. The constitutional supremacy implies that the Constitution is superior to the state law.
The Constitution has to be observed by the local governments as well. There are oaths of mayors, oaths of city councillors, and oaths of county officials. They vow to abide by the ultimate law of the land.
The Constitution is to be observed by the police officers. Whenever they are arrested, they are supposed to read them their rights. These are rights which are constitutional. The constitutional rights are not violated by police. If they do, they break the law.
Regular Citizens
All the Americans are supposed to adhere to the Constitution. You may believe that the Constitution is merely restrictive of the government. But it affects everyone.
The Constitution produces laws. It develops the structure of governance. American laws mean that you are under the laws of the highest law of the land.
The immigrants have to adhere to the Constitution. In case you go to America, you have to respect constitutional law. You get the protections. You also follow the rules.
The Constitution should also be observed by the visitors of the United States. You even have to be visiting but the laws of America apply. These are the laws of the paramount law of the land.
There is no superiority of anyone to the Constitution. No matter how rich you are. How ever mighty you have been. All have to obey the ultimate law of the land. This is here the rule of law in action.
Common Questions About the Supreme Law of the Land
Is the Declaration of Independence the Supreme Law?
Nay, the Declaration of Independence is not the highest law of the land. This can be very confusing to many.
First of all was the Declaration of Independence. It was written in 1776. It proclaimed the independence of America. It is an important document. It was the inspiration of the Constitution.
However, the Declaration is not a law. It is not the maker of the government. It is not a source of legal power. These are the things that the Constitution does.
The constitution of the United States is sovereign law. It develops the policy system. It makes the rules. The Declaration was the source of inspiration, yet the Constitution is the very law.
What If States Disagree With Federal Law?
Constitutional law is federal law that is supreme. In case state law contradicts that of the federal law, the federal law prevails. This is constitutional preeminence.
Federal law cannot be disregarded by states. They are unable to reject the following of it. Courts can intervene in case they attempt to do so. Judiciary is the one that enforces adherence to the Constitution.
This is explained with the help of a historical example. Not all states desired to integrate schools in the 1950s and 1960s. They desired differentiation between Black and white students. However this was declared by the Supreme Court as unconstitutional. The states were forced to abide by the court ruling. They were forced to obey the ultimate law of the land.
Can the President Change the Supreme Law?
The President has power. However, that authority is a Constitution. The President has to adhere to the constitutional law. President is not able to rewrite the rules.
The Constitution may only be altered through amendments. The amendments must be approved by the Congress and the states. The President is able to propose an amendment. Nevertheless, it cannot be made to happen by the President.
The President has to implement law in the Constitution. The President should not violate constitutional rights. The President is not able to disregard the highest law of the land. In case the President attempts, they can be halted by the Supreme Court. This is the work of judicial review.
Why the Supreme Law of the Land Matters Today
It Unites All Americans
The Constitution brings the nation together. America has 50 states. Each state is different. But every state has the same supreme law of the land.
This creates unity. An individual in Texas is subject to the same constitutional right as an individual in Maine. The Constitution safeguards any and everyone alike.
There is one national law that glues the country. In the absence of the Constitution, the states may take other directions. There may be extremely different laws. The country might fall apart.
The highest law of the land unites America. It establishes a joint system of governance. It grants all people similar fundamental rights. America is strong because of this unity.
It Protects Democracy
Democracy is safeguarded by the Constitution. It prevents abuse of power. It is impossible that anyone can be too powerful. There is not a single sector to assume its role.
The Constitution provides equal elections. You have the right to vote. This cannot be deprived by the government. The supreme law of the land guarantees this right.
The Constitution secures the rights of minorities. The fact that the majority of the people may not agree with you does not imply that you do not have rights. Freedom of speech still exists. You are still free of religion. Most people are unable to deprive people of constitutional rights.
The government should be of service to the people. This is ensured by the Constitution. It restricts the actions of the government. It safeguards the constitutional rights. This is the way that democracy is preserved.
It Provides Stability
The highest law of the land brings about stability. The Constitution is not readily amended. This is good for everyone.
Americans know their rights. These rights are not able to vary yearly. You can count on them. This consistency brings about confidence in people.
Companies are capable of working with confidence. They know the rules. The regulations are constitutional in origin. The rules stay the same. This helps the economy grow.
The future generations are safeguarded. Sons and grandchildren will have the Constitution. They are also guarded by the highest law of the land. It is this stability over the years that makes America strong.
Conclusion – The Constitution as Supreme Law of the Land
The highest piece of legislation is the Constitution. This is a simple fact. In America, it is the most significant law.
Any legislation has to be in line with the Constitution. Federal law must follow it. State laws must follow it. Local laws must follow it. Any unconstitutional law cannot survive.
Your constitutional rights are under the protection of the Constitution. You have freedom of speech. You have freedom of religion. You are entitled to the trial by fairness. These rights are as a result of the highest law on land.
All people have to follow the Constitution. The President must obey it. Congress must obey it. Judges must obey it. It has to be obeyed by regular citizens. Nobody should be above the supreme law of the land. If you need more interested info like that visit quick guider.
Constitution is enforced by the Supreme Court. Courts exercise judicial review in order to ensure that laws are constitutional. They protect the rule of law. They make sure that there is compliance with Constitution.
America is what it is because of the Constitution. It creates the government. It limits the government. It protects the people. It is the political system of the whole country.
Knowing the constitutional law makes you know your country. It helps you know your rights. It assists you to be a part of the democracy.