A constitution is the supreme norm that bases everything in the legal system of a country. This is what makes us like citizens with rights and duties. The constitution is the laws that should govern the people of a society, because if they did not exist people would do what they wanted. The constitution provides powers to the State’s servants so that the State can fulfill the functions that are legitimately expected of it. A constitution with a rights perspective should be designed to empower public servants to respect, protect, promote and guarantee the fundamental rights of citizens. Having a constitution is important to maintain order, peace and tranquility in a country.
My parents are from Peru. As regards the constitutions of Peru and the United States, there are many differences but also some similarities. In the first place, the constitution of the United States is the only one the country has adopted in its original form, besides being a federal constitution that is currently in force in the oldest world. On the other hand, in Peru, a constitution that was created recently in 1993 at the beginning of the Government of Alberto Fujimori is being handled, this has been preceded by 11 other texts. On the other hand the system that manages the constitution of the United States is the Common Law with a type of Federal government and a House of Representatives bicameral, while in Peru the system of Latin Rights is used with a republican government and a House of Representatives unicameral.
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Articles Of The Us Constitution
Article 1:
Article I of the Constitution of the United States has 10 sections in which it declares the establishment of the legislative power of the Federal Government of the United States, represented by the Congress, which includes a House of Representatives and a Senate. The same article establishes the method of election and the requirements of the members of each chamber. In addition, it sets out the legislative procedure and lists the powers granted to the legislative branch. Finally, it establishes limits to the federal powers and to each member state. It guarantees all the authority of the legislature to Congress. Many other countries work by popular referendum, but this section authorizes only the Congress and not the people to elaborate the different statutes. The Constitution thus establishes the principle of separation of powers, by which none of them can exercise powers belonging to another (for example, the executive is not authorized to dictate laws).
Article 2:
Article 2 of the Constitution of the United States creates the executive power of the United States Government, which consists of the president and other senior officials. Also presidents and vice presidents. At the head of the executive branch is the president. The president and the vice president are elected, jointly, every four years. In addition, the President and Vice President shall be elected by an Electoral College, whose members have been selected by the Legislative Assemblies of the states. In addition it talks about the presidential powers. The president, as commander in chief, holds the highest rank in the Armed Forces. Article I, however, stipulates that it is up to Congress, not the president, to declare war. Often, the president has deployed troops with congressional authorization, but without a formal declaration of war. The president is obliged to present, from time to time, a report to the Congress on the state of the Union. Traditionally, this report has been annual, in the form of the solemn State of the Union Address. In addition, the president may convene in one extraordinary session one or both Chambers of Congress. If both Chambers cannot agree on a start date of the recess period, the president may suspend the two, fixing the date that he considers appropriate for the resumption of sessions.
Article 3:
Article 3 of the Constitution of the United States creates the Judicial Power of the federal government of that country. The Judicial Branch is formed by the Supreme Court of the United States and the federal courts of lower rank legally established by Congress. This article deposits the judicial power in federal courts, creates the Supreme Court and allows the existence of lower courts, demanding good conduct of judges in the exercise of their office and prohibiting the reduction of their salary. In addition is specifies the jurisdiction of the federal courts and stipulates that the trials be jury in all criminal cases, except in cases of dismissal. And finally it defines the betrayal and its punishment. The Constitution defines treason as specific acts, namely, “to make war against [the United States], or to join their enemies, giving them help and protection”. It contrasts with English law, where there is a variety of crimes, including the conspiracy to kill the king or queen, which is punished as a treason.
Article 4:
Article 4 of the Constitution of the United States deals with the states. Establishes the obligations that states must have between themselves and the obligations of the federal government with the states. It allows the admission of new states to the Union and the modification of its borders. This article requires States to give “absolute faith and credit” to public records, records, and judicial procedures of other states, thereby establishing the validity of any legal document or judicial ruling throughout the United States. The Congress can determine in what form it will proceed so that these acts, files or judicial procedures can be verified. Also it requires that fugitives from justice be extradited at the request of the executive authorities of the states from which they flee. The Supreme Court has declared that it is not mandatory for fugitives who have fled after being accused, but only if they have fled after committing the crime. The Constitution provides for the extradition of fugitives who have committed “treason, serious crime or other crime.” It has been argued that this phrase includes all acts prohibited by the laws of a state, including misdemeanors and misdemeanors. In addition this article talks about the new states. Congress is empowered by the third section to admit new states to the Union, as was planned for Vermont. Finally requires that the United States protect the invasion, and, at the request of the Legislature, or the Executive), against internal disturbances
Article 5:
Article Five of the Constitution of the United States describes the process by which the Constitution may be altered by the United States Congress or by a national convention that is assembled at the request of the legislatures of at least two thirds of the various states.
Article 6:
Article six establishes the Constitution of the United States and the laws and treaties of the United States that are made in accordance with the Constitution are the Supreme Law of the country. It is also said that the debts incurred before the adoption of the Constitution are valid, as under the Articles of Confederation. Also no religious evidence should be taken as a condition to hold any federal office.
Article 7:
Article VII of the Constitution of the United States describes the process by which the entire document would be ratified and begin to be effective.
The ratification of the Convention of the nine States could be sufficient for the establishment of the Constitution among the States that ratified it. But this process posed a problem and a danger to the Constitution of the United States: if it was not ratified by all States. States that reject ratification could be divided into different countries.
Amendments Of The Us Constitution
There are 27 amendments.
The first amendment is about religious expression and press freedom; rights of meeting and petition. This amendment prohibits Congress from installing or arranging an established church in any way. In addition, Congress can not pass laws limiting freedom of worship, speech or press, or that prevents people from meeting peacefully. Congress can not either prevent people from asking the government for redress when they have not been treated fairly. The Supreme Court has interpreted the 14th Amendment as the application of the First Amendment to states, as applied to the federal government.
The second amendment is about the right to carry weapons. This is one of the most controversial amendments today. It has been interpreted in two ways. Some people believe that it gives ordinary citizens the right to possess firearms. Others believe that it confers on each of the states the right to have their own militia.
The third amendment is about the soldiers‘ accommodation. This amendment was the direct result of an old complaint against the British, which forced the population to house soldiers in their homes.
The fourth amendment is about judicial orders of borrowing and arrest. This measure does not prohibit legally constituted authorities from conducting raids, seizing property or arresting people. All it requires is that, in the majority of cases, the authorities expose before a judge the need for a search warrant and obtain it from him. The Supreme Court has held that the evidence obtained by transgressing the Fourth Amendment can not be admitted as evidence in a criminal trial.
The fifth amendment is about rights in criminal judgments. Capital crime is a crime punishable by death. An infamous crime is one that is punishable by death or imprisonment. This amendment guarantees that no person, male or female, will be prosecuted for a federal crime of this type, unless he or she has been prosecuted (accused) by a grand jury. No person may be prosecuted a second time (tried twice) for the same offense and by the same government. However, it may be judged a second time if the jury can not agree to issue a verdict, if it is considered that the process was flawed for some reason or if a new trial is requested. The amendment also guarantees that a person can not be forced to testify against himself.
The sixth amendment is about the right to an impartial judgment. A person accused of a crime must be subjected to an expedited public trial by an impartial jury. The accused individual must be informed of the charges that are brought against him and he must be allowed to meet, face to face, with the witnesses against him. Otherwise, innocent people can be punished if the court allows the testimony of unknown witnesses to be admitted as evidence. This amendment guarantees that individuals under trial can confront and question the persons who have accused them. Finally, accused persons must have a lawyer to defend them if they wish. If the defendant in a criminal trial is not in a position to pay a lawyer, the Supreme Court has ruled that a lawyer should be appointed to defend the accused person.
The seventh amendment is about the rights in civilian judgments. The Seventh Amendment provides that type of trials in civil cases when the amount subject to litigation is greater than 20 dollars. The amendment is only applicable to federal courts. However, the constitutions of most states also require jury trials, both in civil proceedings and in criminal cases.
The eighth amendment is about bonds, fines and punishments. Surety, fines and punishments must be fair and humane.
The ninth amendment is about the rights that the people reserve. Some people feared that the mention of some rights in the Bill of Rights could be interpreted as other rights that are not mentioned in it without protection. This amendment was adopted to avoid these misinterpretations.
The tenth amendment is about the powers retained by the states and by the people. This amendment was adopted to reassure people that the national government would not devour the states. It confirms that the states or citizens retain all the powers that have not been granted to the national government.
The eleventh amendment is about litigation against the states. This amendment makes it impossible for a citizen of one state to sue another state in a federal court.
The twelfth amendment is about the Choice Of The President And The Vice President. This amendment provides that members of the Electoral College known as electors vote for one person for President and another for Vice President.
The thirteenth amendment is about the abolition of slavery. The Proclamation of Emancipation, made by President Abraham Lincoln in 1863, had freed the slaves of the Confederate States that were still in revolt. This amendment consummated the abolition of slavery in the United States.
The fourteenth amendment is about civil rights. The main purpose of this amendment was to make former slaves citizens of both the United States and the state in which they lived, and to protect them from any discrimination imposed by the state. The terms of the amendment clarify how citizenship is acquired. State citizenship is a byproduct of national citizenship. By the fact of living in a state, every citizen of this country also acquires, automatically.
The fifteenth amendment is about the suffrage of afro-americans. African-Americans who had been slaves became citizens by the provisions of Amendment 14. Amendment 15 prohibits states from denying citizens the right to vote because of their race. Despite this amendment, some southern states managed to deny African-Americans the right to vote until the 1960s, in which Congress passed laws for due compliance with the Amendment and the Supreme Court declared that the practices and the legal procedures that had been invoked to evade this amendment are unconstitutional.
The sixteenth amendment is about income taxes. In 1894, Congress passed an income tax law, but the Supreme Court considered it a direct tax that had to be apportioned among the states and, therefore, was impossible to collect. This amendment authorized Congress to collect this tax without apportionment.
The twelfth amendment is about the direct election of senators. This amendment deprived state legislatures of the power to elect senators and placed it in the hands of the voters of each state.
The eighteenth amendment is about the prohibition of liquor. This is the amendment to the prohibition, whereby people were prohibited from manufacturing, selling or transporting liquor. It was revoked by the 21st Amendment in 1933.
The nineteenth amendment is about the female suffrage. The amendments that would give women the right to vote were presented in Congress, one after the other, over the course of more than 40 years before the first was finally approved.
The twentieth amendment is about the periods of service of the president and of the congress. This amendment, known as the invalidated staff amendment, shortens the period between the day of the election and the date on which newly elected Presidents and members of Congress take office. An invalidated official is one who has yet to complete his term in office and was not reelected for the next. Before this amendment came into effect, members of Congress and Presidents who were defeated in the November elections remained in office until the following March.
The twenty-first amendment is about the revocation of the prohibition. This amendment is simply the revocation of the 18th Amendment.
The twenty-second amendment is about the limitation of the exercise of the presidents to two periods. This amendment states that no person may be elected to the Presidency more than twice. No person who has held the Presidency for more than two years of a period initiated by any other person may be elected more than once. A President can not hold that position for more than 10 years.
The twenty-third amendment is about the Suffrage In The District Of Columbia. This amendment allows citizens of the District of Columbia to vote in presidential elections. However, they do not have members of Congress for whom they could vote.
The twenty-fourth amendment is about capital taxes. This amendment prohibits a state from forcing voters to pay a capitation or head tax as a condition of being able to vote in a national election.
The twenty-fifth amendment is about the incapacity and succession of the president. This section provides a way to fill a vacancy in the vice presidency. Before this amendment came into effect, vacancies in the vice presidency remained empty until the next presidential election.
The twenty-sixth amendment is about the suffrage of 18 years old. This amendment prohibits states from denying citizens the vote because of their age if they are 18 or older.
The twenty-seventh amendment is about the congress salaries. This amendment guarantees that if senators or members of the House of Representatives vote to raise their own compensation.
The amendments, the supremacy clause has been in the Constitution from the beginning. I think this is the most relevant aspect of the Constitution because it shows how much the country has changed in a positive way. I know. The US was founded when the oppressed territories finally came together as a unified group of states that will work together to make their inhabitants happy. Ironically, this notion is what his suppressor tried to do by ruling over them. By adding this clause, the American people trust their authority figures that lead them to properly enforce the laws and use their power to the best of their ability to satisfy the requests of the American people. The idea of the federal government using its power to meet the needs of the American people by periodically invalidating the government of a state.
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