Constitution

4 Branches of Government
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1. WHAT IS A CONSTITUTION?

A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determine how that entity is to be governed.

Constitutions concern different levels of organizations, from sovereign countries to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state’s rulers cannot cross, such as fundamental rights.

Generally, every modern written constitution confers specific powers on an organization or institutional entity, established upon the primary condition that it abides by the constitution’s limitations. According to Scott Gordon, a political organization is constitutional to the extent that it “contain[s] institutionalized mechanisms of power control for the protection of the interests and liberties of the citizenry, including those that may be in the minority”.

Activities of officials within an organization or polity that fall within the constitutional or statutory authority of those officials are termed “within power” (or, in Latin, intra vires); if they do not, they are termed “beyond power” (or, in Latin, ultra vires). Legislation that is found to be beyond power will be “invalid” and of no force; this applies to primary legislation, requiring constitutional authorization, and secondary legislation, ordinarily requiring statutory authorization. In this context, “within power”, intra vires, “authorized” and “valid” have the same meaning; as do “beyond power”, ultra vires, “not authorized” and “invalid”.

In most but not all modern states the constitution has supremacy over ordinary statutory law; in such states when an official act is unconstitutional, i.e. it is not a power granted to the government by the constitution, that act is null and void, and the nullification is ab initio, that is, from inception, not from the date of the finding. It was never “law”, even though, if it had been a statute or statutory provision, it might have been adopted according to the procedures for adopting legislation.

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2. WHAT IS THE ESSENTIAL DIALECTIC OF THE U.S. CONSTITUTION?

The Essential Dialectic of the U.S. Constitution is:

{Judicial ⇆ Executive ⇅ Congressional} ↻ Financial

The Essential Dialectic of the U.S. Constitution is the Judicial, Executive, Congressional, Financial Dialectic because …

3. WHAT IS THE INTERMEDIARY DIALECTIC OF THE U.S. CONSTITUTION?

The Intermediary Dialectic of the U.S. Constitution is:

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4. WHAT IS THE COMPLETE DIALECTIC OF THE U.S. CONSTITUTION?

The Complete Dialectic of the U.S. Constitution is:

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