The Constitution of the United States

The Constitution of the United States. A grand document that created our great experiment in democracy. Signed by 39 of 55 delegates who debated, argued, compromised and drafted this historical document at the Constitutional Convention on September 17, 1787. A single piece of paper that defined government powers, states rights and rights and liberties of the American people. Yet many are confused as to what exactly the Constitution says.

The fundamental rights we all hold dear are laid out in the Bill of Rights. The Constitution's objective was to create a government and define the responsibilities of the three branches with limited power for each. The checks and balances provided to each branch of government is to insure we will never again be ruled by a tyrant.

Our right to habeas corpus, no taxation without representation. Ex Post Facto which says neither the federal or state government can punish us for crimes that were not crimes at the time they were committed. Rule of law. Congress can not write a bill (a bill of attainder) that would punish one group of people. They do not have the power to write a law that would seek to change contract obligations. These are individual rights and liberties written into the Constitution, however, our individual rights; those we cite and quote as Constitutional rights are not in the Constitution. They are located in the Bill of Rights.

The Constitution was not written for the rights of the people. It was written to keep government in check for we, the people. The government belongs to the American people; not our elected officials.

The Bill of Rights was written and the ten amendments were approved by congress two years after the signing of the Constitution. It was added to the Constitution as a compromise to satisfy those who were concerned the federal government could become too powerful and the rights of the individual citizen squashed. It was only after approving the Bill of Rights that the Constitution was finally ratified by all of the states.

Although James Madison is considered to be the "Father of the Constitution", Alexander Hamilton and Gouverneur Morris were among a small group of men who wrote the document. It was Madison who wrote the bulk of the Constitution. Gouverneur Morris is credited with writing the preamble to the Constitution of the United States.

Fifty two words explaining why the Constitution was written. "We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America". With this declaration written by Morris, our modern government was created of the people, by the people and for the people.

The Constitution of the United States gives America the legal authority to exist as a government. This document specifically granted certain rights to the federal government, the states and protections for individual citizens.

The Writ of Habeas Corpus is believed to have come from the Magna Carta in 1215. However, this right is considered an ancient one. Habeas corpus is what guarantees we can not be held indefinitely without being charged with a crime. The constitution is quite clear, the only reason habeas corpus can be suspended is because of rebellion or invasion and should only be done for the safety of the people. This right should never be taken lightly if suspended by an over zealous president. Losing our right to habeas corpus means any citizen can be detained and imprisoned indefinitely without cause. Without habeas corpus, we no longer have our right to an attorney, a speedy trial or an ability to fight our detention. Anyone who disagrees with the government under our right to free speech, can be rounded up and imprisoned. Dissenting voices in the press can be silenced. An errant, innocent comment can be construed as a threat and that person detained or arrested. Government must tread carefully with intelligence and sincerity if habeas corpus is suspended. It's the responsibility of the people to hold our government accountable if habeas corpus is denied and our rights are violated egregiously. Blindly accepting a loss that protects us from tyranny is a lack of understanding to the scope of the denial of this very basic and ancient right.

The Constitution of the United States laid out a path separating our government into three branches. A rather smart move by the framers of the Constitution to insure no one branch the power to overthrow what was created. Our government works because of the Constitution of the United States. It has stood the test of time during wars and periods of unrest. It is important we, the people know and understand the powers given to the president, congress and the judicial branch by the Constitution. It's our responsibility to cry out loudly and forcefully over violations from any of the three branches. We are the stewards of this most precious document. It works because each branch is kept in their place. Every American has a duty to preserve and protect the Constitution of the United States from any who would try to dismantle it; domestic or foreign. What our forefathers fought for and passed on to us should never be taken for granted. When we allow government to strip even one right from us, we, the people have done a disservice to ourselves and to the Constitution of the United States. It is what we hold most sacred as American citizens in our democratic republic government and what makes us unique on the world stage.

Constitutional Topics: Rights and Responsibility, U.S. Constitution Online

Habeas Corpus The Most Extraordinary Writ, Center for the Preservation of Habeas Corpus

The Constitution of the United States of America, Almanac of Policy Issues

United States Constitution, Cornell University Law School