SOCIAL AND POLITICAL ORGANIZATION:
OUR BASIC RIGHT
Social
and political organization is our basic right. In the beginning,
men and women existed socially together and amongst each other in
a natural state of dignity and personal freedom. As the population
increased and as the need for some central organization was discussed,
the individuals, each with their own personal and sovereign right,
entered into a compact to produce a government. The people can be
described as a nation, and their government arose out of them, and
is subject to them. When
the people constitute a government, they create a body of elements
that contains the principles by which the government shall be established,
the manner in which it shall be organized, the powers it shall have,
its mode of elections, the duration of its parliaments or legislatures,
the powers that the executive part of government shall have, and
in fine, everything that relates to the complete organization of
civil government, the principles on which it shall act, and by which
it shall be bound. In essence, the people create a constitution.
A constitution is a thing antecedent to a government, preceding
a government. Government is only the creature of a constitution. A
government, on which constitutional governments arising out of society
are established, cannot have the absolute discretion to alter itself.
If it had, it would be arbitrary. It might make itself whatever
it pleased, and whenever such a right is set up, that government
has violated the Constitution and the social compact. It is unlawful
and illegal.
OUR FEDERAL GOVERNMENT IS GOVERNED
BY OUR CONSTITUTION
The
U.S. Constitution is the highest law of the United States. It has
an opening statement, or Preamble, and seven Articles that describe
how the government works. The Constitution was adopted in 1789 as
the supreme law of the land. At that time, there were only thirteen
states (the original thirteen colonies). The
framers changed it by adding ten amendments, known as the Bill of
Rights, in 1791. The Bill of Rights is very important because it
protects the rights of Americans, rights that cannot be taken away
from us. Only ‘We the People’, who are the sovereign,
who created the U.S. Constitution, have the right to alter and improve
our Constitution, primarily through our Representatives in Congress. Our
government is a democracy. That means it is a government of the
people, by the people, and for the people.
Our government is also
a republic. That means that the supreme power is given to representatives
elected by popular vote of all citizens. Democracy and republic
mean almost the same thing. Long ago, in small units of government,
citizens got together and made the laws for their communities. That
is the real meaning of democracy. Today that kind of democracy exists
only in a few small towns in the northeastern part of our country.
Through town hall meetings, all the voters decide on what is to
be done in their town. This is not possible where a great many people
live. Today, we make our voices heard by voting for people to represent
us. Our two largest political parties, the Democrat and the Republican
parties, derive their names from democracy and republic. Our
country is a federation, or association of states. The government
for the whole country, therefore, is called the federal government.
The plan for this government is set by the Constitution, the supreme
law of our land. The federal government is a tripartite government,
which means it has three parts, or branches. Those branches are
the legislative, the executive, and the judicial. The
legislative branch of the federal government is called the Congress,
which, according to the Constitution, has the power to make laws
for the nation. The Constitution also sets the qualifications for
senators and representatives and tells how they are to be elected.
Now there are 100 senators (two from each state) and 435 representatives
apportioned according to population. In the Senate, both senators
from your state represent you, but in the House of Representatives,
only the representative from your district where you live represents
you. The
function of Congress is to make laws, but nowhere in the Constitution
is there a statement of the exact steps that must be taken in the
lawmaking process.
The steps by which a bill introduced by a senator
or a representative becomes a law have developed over the years.
In fact, the whole committee system, so important in the law-making
process, was set up by Congress in order to handle its business
more efficiently. Congress is the ‘People’s House’. The People’ make the laws through their elected representatives. The
Executive Branch of our federal government is called the Presidency.
The president is the chief executive, or head, of the federal government.
A president’s job is to carry out the laws and to manage the
affairs of the country. The president takes the oath of office on
January 20 following his election. The president’s oath is
administered by the highest-ranking judge in our country, the Chief
Justice of the Supreme Court.
By law, the President takes this oath:
I
do solemnly swear that I will faithfully execute the office
of President of the United States, and will to the best of my
ability, preserve, protect and defend the Constitution of the
United States.
The
Constitutions’ framers meant the words they wrote. A president
who consciously violates this oath, for whatever excuse, has committed
treason. Because
the president has many important responsibilities, he appoints people
to help him. These people, each heading an executive department,
make up his cabinet. There are 14 departments in the cabinet. All
cabinet members must be approved by the Senate before they can serve.
This is part of our constitutional system of checks and balances
between the three branches of government. While the legislative
branch makes the laws, the executive branch enforces the laws. The
judicial branch of our federal government is composed of one Supreme
Court, eleven Circuit Courts of Appeals, and ninety-four District
Courts. The Supreme Court is the highest court in the land. The
Constitution requires the courts to supply “equal justice
under the law”. The judicial branch has the responsibility
of explaining laws to the executive and legislative branches, and
rule a proposed law unconstitutional. The judicial branch cannot
remove established constitutional rights, except as defined by our
Constitution, as under special conditions like a declared war. The
Supreme Court, a government body, cannot alter a constitutional
amendment enacted through a national vote by the people.
The people are the government’s sovereign, and the government
is subject to the people.
SUMMARY: SOCIAL AND POLITICAL ORGANIZATION
1)
People banned together and created a society.
2) As population increased, the people needed to constitute a government.
3) The people created a body of principles by which the government
was established. This is their constitution.
4) The government is subject to the constitution.
5) The government is subject to the people
6) The constitution is subject to the people.
7) The people are the absolute sovereign.
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