The American Constitution
The basis of all law in the United States is the Constitution. This Constitution is a document written by "outcasts" of England. The Constitution of the United States sets forth the nation's fundamental laws. It establishes the form of the national government and defines the rights and liberties of the American people. It also lists the aims of the government and the methods of achieving them. The Constitution was written to organize a strong national government for the American states. Previously, the nation's leaders had established a national government under the Articles of Confederation. But the Articles granted independence to each state. They lacked the authority to make the states work together to solve national problems. After the states won independence in the Revolutionary War (1775-1783), they faced the problems of peacetime government. The states had to enforce law and order, collect taxes, pay a large public debt, and regulate trade among themselves. They also had to deal with Indian tribes and negotiate with other governments. Leading statesmen, such as George Washington and Alexander Hamilton, began to discuss the creation of a strong national government under a new constitution.
The Federal Government is comprised of three branches: Executive Branch, the Legislative Branch, and the Judicial Branch. Amendment, in legislation, is a change in a law, or in a bill before it becomes a law. Bills often have amendments attached before a legislature votes on them. The judge decides whether to keep the defendant in jail until the trial or to release the person on bail. The defendant or another person puts up bail to guarantee that the accused will return to the court to stand trial. A defendant who cannot put up bail must stay in jail until the trial. The courts cannot require bail so high that no one can furnish it. But the judge may deny bail to a person considered likely not to return for trial. Some states also prohibit bail for individuals who are accused of such serious crimes as espionage and murder. Cases of murder, kidnapping, or other especially serious crimes may be presented to a grand jury. This panel, which consists of 16 to 23 citizens in most states, decides if the evidence against the defendant justifies bringing the case to trial. The purpose of the grand jury is to protect the defendant from being accused of a crime with insufficient evidence. The word citizen comes from the Latin word civitas, which in ancient times meant membership in a city. Today, citizenship refers mainly to membership in a nation. Many cases are settled by plea bargaining. In this procedure, the accused agrees to plead guilty in exchange for being charged with a less serious crime or being promised a shorter prison sentence. About 90 per cent of all defendants plead guilty, most of them through plea bargaining. The trial. When a criminal case goes to trial, the defendant chooses to have it heard either by a jury or by the judge alone. In most states, a trial jury consists of 12 citizens. However, the juries in some states may have as few as 6 members. The jury or judge hears the evidence for and against the defendant and then reaches a verdict. If the individual is found guilty, the judge pronounces sentence. If the defendant is found not guilty, he or she is released. The Congress also has substantial powers in overseeing the activities of the executive branch. The House of Representatives has the sole power to impeach the President and other officers, and the Senate the sole power to try impeachment. U.S. Congressional committees may demand disclosure of information and require agency officials to testify before them. The Congress has also established the General Accounting Office (GAO), which evaluates executive branch activities and reports back to the Congress. Most GAO reports are public documents, which can be viewed upon request. In most cases, the judge determines the sentence for a defendant convicted of a crime. The judge imposes punishment that he or she feels will best serve both the offender and society. Laws may provide a maximum and a minimum sentence according to the crime involved. In some cases, the recommendation of the jury determines the sentence that may be given to the offender.
Some common words found in the essay are:
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Approximate Word count = 2870
Approximate Pages = 11 (250 words per page double spaced)
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