What is the Main Purpose of a Constitution of a States?

The main purpose of the Constitution of aStates is to provide a sense of direction to the organization of the three branches of its Government. The draft outlines the individual and combined powers of each branch, while reserving the rights of each individual state. It defines the importance of jury trials, civil liberties and duties and the accountability of the government. The Preamble establishes the importance of the Union and the need for a common line of defense to ensure general welfare of the community. The Constitution also very clearly defines that the federal government does not enjoy authority outside of the established clauses in the Preamble. What were the Origins of Constitution?

Early constitutions Excavations in modern-day Iraq by Ernest de Sarzec in 1877 found evidence of the earliest known code of justice, issued by the Sumerian king Urukagina of Lagash ca 2300 BC. Perhaps the earliest prototype for a law of government, this document itself has not yet been discovered; however it is known that it allowed some rights to his citizens. For example, it is known that it relieved tax for widows and orphans, and protected the poor from the usury of the rich. Detail from Hammurabi's stele shows him receiving the laws of Babylon from the seated sun deity. After that, many governments ruled by special codes of written laws. The oldest such document still known to exist seems to be the Code of Ur-Nammu of Ur (ca 2050 BC). Some of the better-known ancient law codes include the code of Lipit-Ishtar of Isin, the code of Hammurabi of Babylonia, the Hittite code, the Assyrian code and Mosaic law. Later constitutions Diagram illustrating the classification of constitutions by Aristotle. Athens In 621 BC a scribe named Draco codified the cruel oral laws of the city-state of Athens; this code prescribed the death penalty for many offences (nowadays very severe rules are often called "Draconian"). In 594 BC Solon, the ruler of Athens, created the new Solonian Constitution. It eased the burden of the workers, and determined that membership of the ruling class was to be based on wealth (plutocracy), rather than by birth (aristocracy). Cleisthenes again reformed the Athenian constitution and set it on a democratic footing in 508 BC. Aristotle (ca 350 BC) was one of the first in recorded history to make a formal distinction between ordinary law and constitutional law, establishing ideas of constitution and constitutionalism, and attempting to classify different forms of constitutional government. The most basic definition he used to describe a constitution in general terms was "the arrangement of the offices in a state". In his works Constitution of Athens, Politics, and Nicomachean Ethics he explores different constitutions of his day, including those of Athens, Sparta, and Carthage. He classified both what he regarded as good and what he regarded as bad constitutions, and came to the conclusion that the best constitution was a mixed system, including monarchic, aristocratic, and democratic elements. He also distinguished between citizens, who had the right to participate in the state, and non-citizens and slaves, who did not. Rome

The Romans first codified their constitution in 450 BC as the Twelve Tables. They operated under a series of laws that were added from time to time, but Roman law was never reorganised into a single code until the Codex Theodosianus (AD 438); later, in the Eastern Empire the Codex repetit prlectionis (534) was highly influential throughout Europe. This was followed in the east by the Ecloga of Leo III the Isaurian (740) and the Basilica of Basil I (878). India The Edicts of Ashoka established constitutional principles for the 3rd century BC Maurya king's rule in Ancient India. Germania Many of the Germanic peoples that filled the power vacuum left by the Western Roman Empire in the Early Middle Ages codified their laws. One of the first of these Germanic law codes to be written was the Visigothic Code of Euric (471). This was followed by the Lex Burgundionum, applying separate codes for Germans and for Romans; the Pactus Alamannorum; and the Salic Law of the Franks, all written soon after 500. In 506, the Breviarum or "Lex Romana" of Alaric II, king of the Visigoths, adopted and consolidated the Codex Theodosianus together with assorted earlier Roman laws. Systems that appeared somewhat later include the Edictum Rothari of the Lombards (643), the Lex Visigothorum (654), the Lex Alamannorum (730) and the Lex Frisionum (ca 785). These continental codes were all composed in Latin, whilst Anglo-Saxon was used for those of England, beginning with the Code of Ethelbert of Kent (602). In ca. 893, Alfred the Great combined this and two other earlier Saxon codes, with various Mosaic and Christian precepts, to produce the Doom Book code of laws for England. What are the Advantages of a written Constitution? There are many advantages according to ones point of view 1. Since it is all written down it provides easy access. So it makes it easy for one to know their rights. 2. Entrenched Laws- there are certain provisions that are fixed safeguarding them from interference by the Government of the day. 3. It is hard to change, so limiting the power of the government(this can also be a disadvantage) 4. It can be revised What is the Sources of Constitutional Authority? On January 5, 2011, the House of Representatives adopted an amendment to House Rule XII adding a requirement to all measures introduced in the House of Representatives that are intended to become law. Specifically, Rule XII, clause 7(c) requires that, to be accepted for introduction by the House Clerk, all bills (H.R.) and joint resolutions (H.J.Res.) must provide a document stating as specifically as practicable the power or powers granted to Congress in the Constitution to enact the bill or joint resolution. The requirement is mandatory, and the House Clerk appears to have the authority to reject introduction of any bill and/or joint resolution that is not accompanied by such a statement. It should be noted, however, that the rule does not appear to vest the House Clerk with the responsibility or authority to evaluate the substantiality of the required statement. Further, based on the plain language of the rule, such a statement is not required for House Resolutions (H.Res.), proposed amendments to already introduced bills, or other types of measures that may be considered by the House.

Rule 7(c) appears to adopt a subjective standard for determining what specific constitutional authority exists to enact an introduced bill. In other words, the rule appears to leave each individual member free to ascertain, by whatever means the member deems appropriate, his/her own basis for constitutional authority. Should a member choose to consider the Constitution as interpreted by the Supreme Court through its majority opinions, that appears to be permissible under the rule. Equally permissible sources for members to rely on could include their own personal interpretation of the text of the Constitution; documents produced at the Constitutional Convention; sources published contemporaneously with the consideration and ratification of the Constitution by the states; commentaries on the Constitution, academic journal articles, constitutional law treatises, and other publications; the advice of congressional support agencies; the advice of outside groups or think tanks; and any other source that the member believes to be relevant and authoritative. The language of the rule requires an articulation of the specific textual constitutional basis for a piece of legislation to be made as specifically as practicable. In some cases, however, it may be difficult to fully articulate textual constitutional authorities which can serve as the basis for a proposed bill in a summary form. For instance, as the powers of the federal government often overlap with each other, several constitutional authorities may individually suffice to authorize Congress s authority over a particular subject matter. Further, case law may have either expanded or limited the apparent reach of these authorizations in ways not apparent from constitutional text. In addition, the Necessary and Proper Clause and other implied powers may also support the expansion of congressional authority beyond these explicit authorities in ways not easily discernible from the text. This report will discuss the constitutional authority for four selected categories of legislation: authorization legislation; appropriations legislation; legislation that places conditions on the availability of federal funds; and, finally, legislation that repeals existing laws and/or programs. The report will then set out a list of general types of legislation in alphabetical order, which will be followed by constitutional provisions that might arguably provide the power to legislate on some aspects of this issue. Please refer to the Table of Contents for a convenient list of the types of legislation so addressed.