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    Understanding the Rule of Law: No One is Above the Law
    Understanding the Rule of Law: No One is Above the Law
    Understanding the Rule of Law: No One is Above the Law
    Ebook99 pages1 hour

    Understanding the Rule of Law: No One is Above the Law

    By G. S. Prentzas

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    This book is for those who are not only interested in law, but how the law works in daily practice when it comes to the limitation of powers. Readers are first given a history of the development of the rule of law and the basic principles of the legal system among societies through the ages. The book then explains the rule of law in America and how the American legal system came about and evolved. Profiled are seminal court cases that helped shape the rule of law into what it is today. The text analyzes controversial legal issues, such as terrorism, national security, and the legality of drone strikes. It also offers a look at legislation in the future with evolving technologies that test First Amendment rights. With an appendix that includes the actual text from the Bill of Rights, this book is a comprehensive companion for any student of social studies.
    LanguageEnglish
    PublisherRosen Publishing
    Release dateJul 15, 2013
    ISBN9781448894680
    Understanding the Rule of Law: No One is Above the Law

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      Book preview

      Understanding the Rule of Law - G. S. Prentzas

      Index

      INTRODUCTION

      After officially gaining independence from Great Britain in 1783, the United States faced many challenges. The young nation

      needed to repair damages caused by the American Revolution and build a stronger economy. It had to develop relationships with the other nations of the world. It also needed to strengthen its central government.

      Above: The Constitution, Declaration of Independence, and Bill of Rights are under tight security at the National Archives in Washington, D.C., where they are kept.

      In May 1787, delegates from all of the thirteen states except for Rhode Island sent delegates to the Constitutional Convention in Philadelphia. The delegates met to discuss creating a stronger federal government. The Articles of Confederation had set up the first U.S. government in 1777. This agreement between the states intentionally created a weak federal government to conduct the war and to handle a few minor functions. The federal government had no power to tax citizens, so it could not raise money to carry out its duties. The Articles of Confederation also provided no process for the central government to resolve disputes between the states.

      After much discussion and debate, the delegates drafted a document that provided the framework for a new federal government. On September 17, they voted to adopt the U.S. Constitution. The convention then presented the Constitution to the states for ratification, or approval.

      While still considering whether to approve the Constitution, several states demanded that a list of rights be added to the document. These amendments would prevent the central government from denying basic rights to citizens. In September 1789, the first U.S. Congress proposed twelve amendments to the Constitution. By January 1791, the legislatures of all thirteen states had voted to accept the Constitution and ten of the twelve proposed amendments.

      The U.S. Constitution separates the powers of the central governmental into three different branches—legislative, executive, and judiciary. To prevent one person or a group from becoming too powerful, the Constitution requires that the three branches cooperate. It provides methods for each branch to limit the power of the other two branches. The Constitution also recognizes the important role of the states. It gives the federal government authority over certain areas. The states have authority over all other areas.

      The first three sections of the Constitution outline the three federal branches of government. Article I sets up a federal legislative branch, known as Congress. The legislative branch has two chambers, the House of Representatives and the Senate. Article I describes the terms and qualifications for representatives and senators. It also specifies the governmental powers of Congress. Article II establishes the executive branch. This branch includes the office of the president and vice president, as well as the Department of State and other federal departments and agencies. Article II sets the qualifications for the presidents and outlines the powers of the executive branch. Article III establishes the federal judiciary. It specifies the types of cases federal courts can hear.

      The other five articles of the Constitution cover such issues as the process for the states to ratify the Constitution and the process for admitting new states to the Union. Article V details how the Constitution may be amended, or changed. A proposed constitutional amendment must be approved by a two-thirds vote of both the House of Representatives and the Senate. Then the legislatures of at least three-quarters of the states must approve the amendment for it to become part of the Constitution.

      The first ten amendments to the Constitution are known as the Bill of Rights. They became part of the Constitution at the same time in 1791. These ten amendments protect the basic rights of U.S. citizens. For example, the First Amendment prohibits Congress from passing any law that restricts a person’s right to practice any religion or to limit speech. Other amendments protect a wide range of individual rights, from gun ownership to the right of a jury trial in federal cases.

      The preamble, or introduction, to the Constitution declares that the government in the United States is created by and subject to the will of its citizens. This theory of government is known as popular sovereignty. At all levels of government, voters elect people to government offices. These officials serve the interests of everyone. Once in office, elected government officials, as well as appointees, must enforce the law equally. Most important, the laws also apply equally to government officials. Under the legal and political structure created by the Constitution, no one person is above the law. This broad concept that laws apply to everyone and protect the rights of individuals is known as the rule of law. The rule of law is central to understanding

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