US protected law is the assortment of laws administering the understanding and execution of the United States Constitution. The subject essentially concerns the extent of a force of the United States government when contrasted with the individual states and the central privileges of people. As a definitive expert on the issue of protected understanding, the choices of the Supreme Court of the United States make up a huge part of established law. The United States of America’s supreme law is the Constitution of the United States of America. The national framework of government is defined in this foundational constitution, which originally consisted of seven articles. 

It is thought to be the world’s earliest written and codified national constitution. Since the Constitution came into power in 1789, it has been revised multiple times, including one correction that revoked a past one, to address the issues of a country that has significantly changed since the eighteenth century. Unlike many other constitutions across the world, amendments to the US Constitution are attached to the original. The original United States Constitution is written on parchment on all four pages.

For more than two centuries the Constitution has stayed in power since its composers astutely isolated and adjusted legislative forces to protect the interests of larger part rule and minority rights, of freedom and correspondence, and the bureaucratic and state governments.”

Scope

The interpretation of the Constitution of the Supreme Court is binding on the federal government’s legislative and executive branches, as well as the federal system’s subordinate courts and all state courts. This system of binding precedents of interpretation emerged from the common law system (known as “stare decisis”), according to which the court is bound by its own previous decisions and the decisions of the higher courts. Although English common law courts and continental civil law courts generally do not have the power to declare legislation unconstitutional (only the power to modify the law), the United States Supreme Court has long been considered to have the power to declare federal or state legislation unconstitutional.

Judicial review in America

The courts in the United States (US) regardless of whether government courts or state courts are administered by the composed constitution which commands a division of force among the different parts of government that are administrative, legal executive, and chief. The doctrine of judicial review is built on this division of power. 

The doctrine of judicial review states that courts have the authority and responsibility to examine the validity of executive and legislative actions and that if they are found to violate constitutional norms, they can be declared void. Both the federal and state constitutions contain the feature of judicial review.[I]

In the case of Marbury v. Madison[II]  

Under this case, it was held that “It is absolutely the province and the obligation of the judicial department to state what the law is,” Marshall CJ said, stating that if the constitution is a legal document, the judiciary has the right to interpret it.

The Constitutional Convention

One of the main goals of the Constitution as created by the Convention was to create a government with sufficient ability to act on a national level without jeopardizing fundamental rights.[III] One approach to achieve this was to divide government power into three branches and then place checks and balances on those powers to ensure that no one branch of government grew too powerful. The delegates’ fear stemmed mostly from their interactions with the King of England and his powerful Parliament. The Constitution lists the authorities of each branch, with powers not delegated to them reserved for the states.

The founders worked hard to develop a bond amongst the states as well. States are required to grant “full faith and credit” to the laws, records, contracts, and judicial proceedings of other states, while Congress has the authority to control how documents are shared and limit the scope of this phrase. 

States are prohibited from discriminating against people of other states in any form, and they are also prohibited from imposing tariffs on one another. States must also extradite criminal suspects to other countries for trial. The founders also established a procedure for amending the Constitution, which has been followed 27 times since its ratification.

After deciding on the Constitution’s details and language, the Convention began the process of putting the document on paper. It was written in the hand of Gouverneur Morris, a Pennsylvania delegate whose role gave him considerable control over the punctuation of a few phrases in the Constitution.

Ratification

The ratification procedure outlined in the Constitution sparked a lot of discussion in the states. The Constitution would go into force after nine of the thirteen state legislatures had accepted it; unanimity was not required. Two factions arose during the discussion over the Constitution: the Federalists, who favored adoption, and the Anti-Federalists, who opposed it.

The Federalist Papers are still a valuable resource for understanding some of the Constitution’s architects’ goals. In what became known as the Federalist Papers, James Madison, Alexander Hamilton, and John Jay laid out an impassioned justification of the new Constitution. The most well-known articles are No. 10, which warns against factions and argues for a big republic, and No. 51, which outlines the Constitution’s structure, checks and balances, and how it protects people’s rights. The States then began the process of ratification, with some states debating more passionately than others.

The Bill of Rights

People’s essential rights as residents are ensured by the Bill of Rights, which incorporate the ability to speak freely, religion, and the press; the option to bear and carry weapons; the option to calmly amass; assurance from absurd inquiry and seizure; and the right to a fast and public preliminary by an unbiased jury.[IV] For his contributions to the drafting and ratification of the Constitution, Madison became the Father of the Constitution.

 Until this point, there have been a large number of proposed alterations to the Constitution. In any case, just 17 corrections have been approved notwithstanding the Bill of Rights because the interaction isn’t simple after a proposed alteration endures Congress, it should be sanctioned by three-fourths of the states.

Separation of powers

Separation of powers is a protected thought that keeps up the division of forces between the leader, administrative, and legal branches of government. Since each branch is allowed specific capacities to check and adjust different branches, this is otherwise called the balanced governance framework. Each branch has its own arrangement of capacities, which it is ordinarily forbidden to apply over the others.

The Legislative Branch has congressional power, the Executive Branch has executive power, and the Judicial Branch has judicial review power.

Conclusion

A constitution must remain stable. It should not be changed frequently, and it should not be changed easily. It has a permanency that regular laws or Acts of Parliament do not since it is the greatest source of authority and the fundamental framework for a nation’s political and legal institutions. The Constitution establishes a framework of political possibilities that permits political players, including political parties, to pursue desired policy goals to the point of altering the political system itself.

References

I-  Devashri Sinha, CONSTITUTIONAL REVIEW: STUDY OF AMERICAN MODEL AND EUROPEAN MODEL, ILI Law Review

II-  5 U.S. 137 1 Cranch 137; 2 L. Ed. 60; 1803 U.S. LEXIS 352

III-  The Constitution, The White House.

IV- Constitution, History