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Basic Constitutional Concepts
Constitution itself being the supreme law. Thus in the United States, no
man or government or branch of the government is above the law. If the
Constitution is to be changed, only the people can change it—and then
only by the amendment process.
6. Although the President is powerful and independent, and is charged
with the duty of executing the laws, he is not above the law. Limitations
on his power derive from the method by which he is elected by the electoral college and from the checks on his exercise of power by Congress
and the Supreme Court.
T
he Constitution of the United States provides a framework of political and legal institutions. Within this framework are certain
general concepts or ideas about freedom and political order. Although
they are not explicitly stated in the Constitution, they nevertheless provide the theoretical structure upon which the seven articles of the original document are built. An understanding of these unwritten concepts is
essential to an understanding of the meaning and purpose of the Constitution. The first of these is the concept of federalism. The American federal
union is neither a centralized political structure nor a mere league of independent States. The federal system of government embodied in the
Constitution is designed to limit power by dividing it.
The second is the concept of the separation of powers. This is intended to
prevent a concentration and abuse of power by one branch over another.
By separating the personnel and functions of government, the Constitution provides a mechanism that facilitates the achievement of Rule of Law.
The third is the concept of the rule of law. This is sometimes expressed
as ‘‘a government of laws and not of men.’’ All people who hold political
authority are subject to the law of the land, and their public actions must
conform to the Constitution and to certain principles of law.
All three of these concepts restrain the Federal government’s powers.
The Constitution, in short, set up a powerful general government; but it
also established effective checks upon the exercise of power through a
carefully designed system of constitutional devices.