Wednesday, July 29, 2020

The Constitution of the United States Part 9: "Law of the Land"

The Constitutional Convention has created the most brilliant political system ever devised. Now they need to make sure that people follow it.

Article VI has some "housekeeping items" that are necessary before they end the convention.
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This clause simply states that the United States will honor the obligations it had under the Articles of Confederation as it transitions to the Constitution.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
This is it. This makes the Consitution the Supreme Law of the Land. Any law that is passed at the federal, state or local level must be in compliance with the Consitution. If you remember back to Part 6: "The Judicial Branch," the Supreme Court has the final say on whether an action by the legislative brand or executive branch is supported by the constitution. The checks put in place by allowing the executive branch to nominate and the legislative branch to confirm, combined with the lifetime appointment preventing "re-election" decisions, prove to be a beautifully designed system of balance.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Lastly, the final clause in Section VI, and basically the final clause in the constitution states that everyone who is elected by the people to serve the people will take an oath to support the Constitution. Notice that they are not taking an oath to the country, a state, or a leader, but the constitution itself.

The oath of office for the President of the United States was very specifically stated in Article II, covered in Part 5: "The Executive Branch," of this series.

The oath of office is as follows:
worldpress.comI, <State Your Name>, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
 
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Here is a link to the U.S. Constitution.


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Resources:

Hart, D., Bower, B., & Lobdell, J. (2002). History alive. Palo Alto, CA: Teachers Curriculum Institute.

Other various sources.






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