The American Constitution Essay -- United States Constitution

The American Constitution The basis of all law in the United States is the Constitution. This Constitution is a document written by "outcasts" of England. The Constitution of the United States sets forth the nation's fundamental laws. It establishes the form of the national government and defines the rights and liberties of the American people. It also lists the aims of the government and the methods of achieving them. The Constitution was written to organize a strong national government for the American states. Previously, the nation's leaders had established a national government under the Articles of Confederation. But the Articles granted independence to each state. They lacked the authority to make the states work together to solve national problems. After the states won independence in the Revolutionary War (1775-1783), they faced the problems of peacetime government. The states had to enforce law and order, collect taxes, pay a large public debt, and regulate trade among themselves. They also had to deal with Indian tribes and negotiate with other governments. Leading statesmen, such as George Washington and Alexander Hamilton, began to discuss the creation of a strong national government under a new constitution. The United States is a republic that operates under a federalist system. The national government had specific enumerated powers, and the fifty states retain substantial endowment over their citizens and their residents. Both the national government and the state government are divided into three different branches, executive, legislative, and judicial. Written constitutions, both federal and state, form a system of separated powers. Amendment, in legislation, is a change in a law, or in a bill before it becomes a law. Bills often have amendments attached before a legislature votes on them. Amendments to the Constitution of the United States may be proposed in two ways: (1) If two-thirds of both houses approve, Congress may propose an amendment. The amendment becomes a law when ratified either by legislatures or by conventions in three-fourths of the states. (2) If the legislatures of two-thirds of the states ask for an amendment, Congress must call a convention to propose it. The amendment becomes a law when ratified either by the legisl... ... juries in some states may have as few as 6 members. The jury or judge hears the evidence for and against the defendant and then reaches a verdict. If the individual is found guilty, the judge pronounces sentence. If the defendant is found not guilty, he or she is released. In most cases, the judge determines the sentence for a defendant convicted of a crime. The judge imposes punishment that he or she feels will best serve both the offender and society. Laws may provide a maximum and a minimum sentence according to the crime involved. In some cases, the recommendation of the jury determines the sentence that may be given to the offender. The judge may put a convicted offender on probation to protect the individual from the harmful effects of being imprisoned with experienced criminals. A lawbreaker who is on probation remains free but must follow certain rules. A probation officer assigned by the court supervises the individual's conduct. A probationer who violates any of the rules of his or her probation may be sent to prison. Some judges require offenders to repay their victims, either with money or by working for them without pay.