We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. (Preamble of the Constitution) The Constitution of the United States of America was written mostly by founding father, James Madison, and was ratified on June 21, 1788. However, it was not put in to place until March 4, 1789. Shortly after our country gained independence from Great Britain, a new government system had to be created from scratch. The first document made was the Articles of Confederation and it failed, miserably. James Madison started making a rough draft for a better more concreate document that would go to shape the countrys future. The Constitution is broken up into seven articles. I will be discussing the following; Article One- Legislative, Article Two- Executive, and Article Three- Judicial. Those three headings should also sound very familiar; they are the different branches that make up our Federal Government. These are very important as they lay the foundation for who holds what position, when they get elected, how, and their responsibilities. Article One, lays out the basis of the Legislative branch. Section one, talks about this branch shall be in congress, and it further divides into two subcategories; the Senate and House of Representatives. Section two, the House of Representative shall have members that are elected and switched out every two years. They are elected by the people via other government officials. Other qualifications include being at least 25 years of age, living in the state you will be representing, and having had been a citizen of the United States for at least 7 years prior to running. Stated is also that the number of members in the House of Representatives that each state can have is dependent on the states population. But once the population reaches a certain point they can only reach a maximum number of representatives. As well as the members have the sole power of Impeachment. Section three, the senate shall only have two representatives from each state, and each of their votes count as one. The members are in office for six years, and are divided into three sections. One section will be rotated out on the second year, the next on the fourth, and the last on the sixth. That way a group in the senate will always have been experienced rather than flipping every seat at once. Qualifications include being at least 30 years of age, a citizen for 9 years or more, and living in the state they are being elected for. The Vice President of the united states is the head of the senate, and his vote is only taken on a matter when it is equally divided. They have the sole power to try the power of impeachment that may come from the House of Representatives. A Bill must go through and be passed by both the House of Representatives and the Senate, if it is than it will be issued as a Law. This branch is also in charge in overseeing the affairs with other nations, immigration, what is done with the money of the country, to impose taxes, to oversee the navy, and declare war, as well as many more. Article Two, discusses the Executive branch consisting of the President and the Vice President. Both shall hold office for four years, and be elected at the same time. In order to run for President, you must be at least 35 years of age, and a citizen for 14 years. In the case that the President is impeached or dies, the Vice President will take his role. In the case that both are not available for office, then the then congress will meet and designate an officer to assume position. The President is elected through the electoral college, which is still used to this day. The purpose of the electoral college is to properly represent all of the people of the country as a whole. The citizens go to vote and the members of the electoral college stand to represent the peoples votes that they oversee. The President is also named the commander in chief for the army and navy of the US. Working close with Congress and with their advice he will make treaties and dictate foreign affairs. However, if the president violates any law, and performs a crime or treason, he will be impeached and removed from office up to discretion of congress. Article Three, all of the judicial power in the US shall be summed up into this branch. So in other words it is the highest level of court law that one can go to. All Laws must go through the court to be evaluated and seen as true to the constitution, and the virtues of which the United States is built on. They have the power to overthrow any laws, whether it be executive or legislative. The Judicial court has the power to declare treason, another important step in impeachment. Calling Treason on someone, or a country, includes declaring war on the US, or siding with one of the enemies of our country. Although, nothing can be convicted until two witnesses are willing to testify in court over the same reason. Any matter of public affairs if needs be can go up to the federal government and be overseen by the Judicial branch. Any person chosen to be in the Judicial Branch shall show the highest amount of professionalism and behavioral tolerance, and as well as the other two branches shall receive compensation for their services, and which wont diminish during their time in office. The members making up the Judicial branch are referred to as the supreme court, the highest court in our country. Not listed in the Constitution, but just as important to know, is that there are nine members of the Supreme Court, all of which are nominated by the President, but congress must pass them before they are confirmed office. The Constitution is the highest level of law our country has ever seen, and hopefully ever will. It has been in effect for 228 years tomorrow (March 4th). Our federal government still functions word for word from the Constitution. The founding fathers made three branches for one very important reason, and that is checks and balances. One branch cannot go ahead and make a single Law or declare war, etc. without it being approved by another branch. It is also very important that our own current political leaders understand this and make our government function accordingly. For example, within the last month our current President, Donald Trump, made an executive order for a travel ban blocking many countries he saw as a threat to our national security. All of the countries were significantly Muslim based, and raised a huge amount of concern from the people all over the US. Many protests and rallies occurred, and it broke families apart that were here already or who had been granted a VISA and were attempting to enter. The Judicial branch soon saw this as a major problem; it was rash, unsettled people nationwide, and had the potential of endangering our country more by creating enemies. So the Supreme Court overturned the Order, a prime example of checks and balances. This of course upset President Trump and he said some unprofessional comments about the Judicial Branch, which is why I also brought up the important of our elected officials understand the laws and orders of our own country. That is why we need our Constitution and the bases for which it was made.
United States v. Benjamin Barry Kramer, Melvyn Kessler, Samuel Gilbert, Charles Victor Podesta, Jack Jerome Kramer, Michael Gilbert, 864 F.2d 99, 11th Cir. (1988)