explain the authority of a constitution?
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Explanation:
What is the authority of constitution?
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The Constitution is the ultimate authority in our Republic, though what laws mean in any given context is what the courts, and ultimately Supreme Court say they mean. The Legislative Branch makes all laws that are derivative from Constitutional Law; the President executes laws passed by the legislature and also exercises all powers specifically granted to him/her. But then there is also a deeper level that needs to be understood.
The ultimate authority of the Constitution comes theoretically from the people, and their right to establish Constitutions derive, as Thomas Jefferson stated, from nature. The right to create, overthrow, modify laws are “natural rights” that precede government. The Democratic systems that evolved out of the Enlightenment completely reversed the previous principle of “the Divine Right of Kings” which established that Kings derived their right to rule from God, so essentially the were the embodiment of the law. Here is the definitive statement of this reversal from the text of the Declaration of Independence:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
It was a radical notion, and it is pretty common in democracies that people forget that they actually grant their authority to governments to be established and to continue to function. It is the nature of power that people tend to like to accumulate it and when they have it they turn it to their own purposes, as the American system has now proven. Americans got complacent, disgusted, apathetic about their government and into that void miscreants flowed.
So, people get their rights to create, control and perpetuate governments from nature. Government are rightly the products of human genius, and continue to function with the consent of the governed.
In theory…
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Answer:
The Constitution is the ultimate authority in our Republic, though what laws mean in any given context is what the courts, and ultimately Supreme Court say they mean. The Legislative Branch makes all laws that are derivative from Constitutional Law; the President executes laws passed by the legislature and also exercises all powers specifically granted to him/her. But then there is also a deeper level that needs to be understood.
The ultimate authority of the Constitution comes theoretically from the people, and their right to establish Constitutions derive, as Thomas Jefferson stated, from nature. The right to create, overthrow, modify laws are “natural rights” that precede government. The Democratic systems that evolved out of the Enlightenment completely reversed the previous principle of “the Divine Right of Kings” which established that Kings derived their right to rule from God, so essentially the were the embodiment of the law. Here is the definitive statement of this reversal from the text of the Declaration of Independence:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”
It was a radical notion, and it is pretty common in democracies that people forget that they actually grant their authority to governments to be established and to continue to function. It is the nature of power that people tend to like to accumulate it and when they have it they turn it to their own purposes, as the American system has now proven. Americans got complacent, disgusted, apathetic about their government and into that void miscreants flowed.
So, people get their rights to create, control and perpetuate governments from nature. Government are rightly the products of human genius, and continue to function with the consent of the governed.
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Explanation: