12/1/08

US Law

THE SUPREME LAW OF THE LAND

http://usinfo.state.gov/products/pubs/constitution/supreme.htm

Engraving depicts Federal Hall in New York City, where George Washington, the nation's first President, was inaugurated on the balcony in April 1789. The new Congress conducted its business at Federal Hall before moving temporarily to Philadelphia, Pennsylvania, and then in 1800 to the newly built capital city of Washington, D.C. (ctsy. The Winterthur Museum)
The Constitution consists of a preamble, seven articles, and 27 amendments. It sets up a federal system by dividing powers between the national and state governments. It also establishes a balanced national government by separating powers among three independent branches -- the executive, the legislative, and the judicial. The executive branch, the President, enforces national laws; the legislative branch, the Congress, makes national laws; and the judicial branch, the Supreme Court and other federal courts, applies and interprets laws when deciding legal disputes in federal courts.


The first national coins were issued by the newly independent United States in 1787. The coin has 13 linked circles and the words, "We are one," inscribed in the center. Other side of the coin depicts a sun dial and the Latin word, "Fugio," meaning "time flies." (© 2004 American Numismatic Association)


John Marshall served briefly as U.S. Secretary of State before being appointed the nation's fourth Chief Justice of the Supreme Court. As Chief Justice for 34 years, Marshall established the principle of judicial review. (Library of Congress)
Federal powers listed in the Constitution include the right to collect taxes, declare war, and regulate interstate and foreign trade. In addition to these delegated, or expressed powers (those listed in the Constitution), the national government has implied powers (those reasonably implied by the delegated powers. The implied powers enable the government to respond to the changing needs of the nation. For example, Congress had no specific delegated power to print paper money. But such a power is implied in the delegated powers of borrowing and coining money.

In some cases, the national and state governments have concurred powers -- that is, both levels of government may act. The national government laws are supreme in case of a conflict. Powers that the Constitution does not give to the national government or forbid to the states, reserved powers, belong to the people or to the states. State powers include the right to legislate on divorce, marriage, and public schools. Powers reserved for the people include the right to own property and to be tried by a jury.

The Supreme Court has the final authority to interpret the Constitution. It can set aside any law -- federal, state, or local -- that a majority of the justices believes conflicts with any part of the Constitution.

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