The
U.S. Constitution styles itself the "supreme law of the land."
Courts have interpreted this phrase to mean that when laws (including
state constitutions) that have been passed by state legislatures,
or by the (national) U.S. Congress, are found to conflict with
the federal constitution, these laws are ultra vires and have
no effect. Decisions by the Supreme Court over the course of two
centuries have repeatedly confirmed and strengthened the doctrine
of Constitutional supremacy, or the "supremacy clause."
The
Constitution guarantees the legitimacy of the American state by
invoking the American electorate. The people exercise authority
through state actors both elected and appointed; some of these
positions are provided for in the Constitution. State actors can
change the fundamental law, if they wish, by amending the Constitution
or, in the extreme, by drafting a new one.
Different
kinds of public officials have varying levels of limitations on
their power. Elected officials can only continue in office if
they are reelected at periodic intervals; appointed officials
serve, in general, at the pleasure of the person or authority
that appointed them, and may be removed at any time. The exception
to this practice is the lifetime appointment by the President
of Justices of the Supreme Court and other federal judges; the
justification for this exception is that once appointed for life,
these judges are presumed capable of acting free of political
obligations or influence.
Although
the Constitution has been amended several times since it was first
adopted, its basic principles remain the same now as in 1789.
There
are three branches of the national government—executive,
legislative, and judicial—and they are separate and distinct
from one another. The powers given to each are in theory balanced
and checked by the powers of the other two. Each branch ideally
serves as a check on potential excesses of the others. This is
known as "separation of powers", and was partly taken
from the ideas of the Baron de Montesquieu.
The
United States is federal in nature. Powers enumerated in the Constitution
are given to the Federal Government, and all other, unenumerated,
powers remain with the states or the people. (See the Tenth Amendment.)
The
Constitution, together with laws passed according to its provisions
and treaties entered into by the president and approved by the
Senate, stands above all other laws, executive acts, and regulations.
Beginning with the case of Marbury v. Madison, the United States
judiciary has engaged in judicial review. This means that the
federal courts will examine duly enacted laws, and, if they are
found to be unconstitutional, will overturn them. They also examine
the acts of public officials—up to and including those of
the president. (See United States v. Nixon.)
Since
the enactment of the Fourteenth Amendment, all persons have been
equally entitled to the law's protection. All states are equal
and in principle none can officially 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 legitimacy resting with the people.
By
means defined in the Fifth Article of the Constitution, Congress
may propose amendments to the Constitution. Moreover, any two
thirds of the states may themselves initiate a convention for
proposing amendments. When ratified as specified, all amendments
are considered part of the Constitution.
-From
Wikipedia
