Oct 22, 2010

Constitution fundamentals - What is a Constitution

The following describes the basics of a constitution. The points listed here apply to the US Constitution, all State Constitutions, and all city charters.

All of these points come from Thomas Paine. I have merely tried to summarize his concepts.

1. A Constitution is first and foremost a contract.

2. A Constitution is an agreement between the people and themselves.

3. A Constitution is the creation of a new government.

4. A Constitution describes the organizational structure of the government.

5. A Constitution limits the powers of the government.

6. A Constitution protects the rights of the people.

7. A Constitution is approved by the people.

8. A Constitution must have a method of being Amended.

9. No body of the government can itself change a constitution.

10. The people are the final authority on what is or is not Constitutional.

11. All constitutions should have a statement of rights.

12. All constitutions should have a statement of responsibilities.