Behind the Power of the United States Constitution: Combining Legal Ideologies from Multiple Sources
The Foundation Stones of American LawThere are only a few truly great documents that represent the foundation stones upon which the American system of government was built. One is the Declaration of Independence. Another is the Bill of Rights. However, when it comes to the bedrock of law that we always return to in order to test whether or not the laws of the land are viable, it is the Constitution of the United States of America that is the backbone that defines right and wrong for us.
It could even be said that the only reason why we have a Supreme Court is to have a living body that decides, interprets, and enforces constitutional law. And what worse accusation could anyone make about any action in question by a government agency? That charge is unconstitutional. Such is the power of this document in American life, legal definition, and culture.
The historical context of the signing of the Constitution was the Constitutional Convention on September 17, 1787 in Philadelphia. The city witnessed many historic events that enshrined its place in the history of this country. The framers of the Constitution were undoubtedly some of the most intelligent and highly educated men of their time and perhaps of later times. It was so well crafted that it has endured as the standard of law for over 200 years with no sign that its power will wane for hundreds more. But in that context, the Constitution is the oldest document of its kind in the world and the original is carefully protected but on display in Washington DC.
The Constitution reflects the best of some of the oldest legal documents with the same intent that have existed for hundreds of years. It therefore includes ideas drawn from the Magna Carta, the French political philosopher Montesquieu, the Code of Hammurabi, the laws of the Old Testament, the ancient Greek political ideologies of writers like Polybius, and also the Common Law of England. So while the core ideas of the Constitution were drawn from some of the greatest systems of government and ideologies in history, the result was a unique format for governing the people that had never been attempted and was thus considered the "Great American Experiment".
The Constitution is divided into seven articles that each address one of the branches of government. Articles one to three address the three branches of government including the legislative, executive and judicial. Article four deals in depth with the rights and powers of the states. It is clear that the framers of the constitution realized the importance of leaving most of the powers of government at the local and state levels and that these rights needed to be preserved in the basic document of society, the Constitution.
Other articles address the ratification process and federal powers. But the wisdom of the framers of the Constitution lies in article five which outlines the amendment process which leaves room for additional work to be done to keep the Constitution up to date with the changes that need to be made. As such, the Constitution has remained a living document over the years and will continue to be viewed as such for decades and centuries to come.