National characteristics, American; United States -- Civilization
The second source of law is found in statutes of the United States
enacted by Congress, in the constitutions of the different States, and
in the statutes enacted by the State legislatures. Here we have definite
rules and regulations, not arising out of differences or disputes
between individuals, but framed on general principles, and intended to
cover all cases that may arise under them.
The third source of law is the Constitution of the United States, which
is supreme and sovereign over all other laws. It is the enactment of the
whole people. Congress did not create it. It created Congress. No
legislation, whether of a State or of the nation, can impair or
contravene its authority. It can only be changed by the same power which
made it,--the people of the United States, expressing their will, first
through a two-thirds majority of the national House and Senate, and then
directly through the vote of three-fourths of the forty-six States.
Any statute which conflicts with the Constitution is invalid. Any State
constitution which fails to conform to it is, in so far forth,
non-existent. Any judicial decision which contradicts it is of no
binding force. Over all the complexities of legislation and the
perplexities of politics in America stands this law above the laws, this
ultimate guarantee of fair play.
The thing to be noted in the Constitution is this: brief as it is for
the creative document of a great nation, it contains an ample _Bill of
Rights_, protecting every man alike. The Constitution, as originally
framed in 1787, had omitted to do this fully, though it prohibited the
States from passing any law to impair the validity of contracts, from
suspending the writ of habeas corpus in time of peace, and from other
things contrary to the spirit of fair play. But it was evident at once
that the Constitution would not be ratified by a sufficient number of
the States unless it went much farther. Massachusetts voiced the Spirit
of America in presenting a series of amendments covering the ground of
equal dealing with all men in the matters most essential to individual
freedom and security. In 1790 these amendments, numbered from I to X,
were passed by Congress, and in 1791 they became part of the
Constitution.
Public-domain text, read in full here on John Shaqi.
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