Topic: Supremacy of the constitution (Read 135 times)

^^^ The interesting thing about the US Constitution is that it has the 'Contract Clause' built right into it. Court adjudication of the CC shows that it applies to people.

If you can contract in to the Constitution mandates, you can contract out. If you contract out, the only thing that you need to do is not harm anyone or damage their property. The rest of it doesn't apply to you. Constitution 'says' so in the Contract Clause.

What this means is that the Common Law is above the Constitutional Law. This is the way that the Constitution says that it is. But you need to know what you are doing by contracting in or out.

The supremacy of the constitution is one of the basic principles of the rule of law which states the supremacy of the laws of the land and nobody is above It. The constitution contains the laws which everyone must abide by irrespective of class, race, religion, sex and social status. If for some obvious reasons the contents of the constition becomes outdated and does not meet up with the changes in the society, it will be subject to ammendments to promote good governance.

All these stated above are applicable in a functional system where the political leaders are conscious of the laws and know what good governance is all about. Many third world and developing countries ain't really adhering to the dictates of the constitution. The constitution  only dictates how the minority groups and the common people should live while those in authority are above the law. Most of these injustices are allowed because of illiteracy and ignorance. Majority of the masses do not know the contents of the constitution, they don't know their rights.

^^^ The interesting thing is what the Supreme Court says that the sections of the Constitution mean.

For example, the Contract Clause has been adjudicated to include people making individual contracts, even though the Contract Clause doesn't include people in its actual wording. But when you look at the courts' rulings that show this, you can see that they (SCOTUS) were talking about 14th Amendment people. Fourteenth Amendment people originally were freed black slaves, freed by the Civil War (stated in the 13th Amendment), and given US citizenship through the 14th Amendment.

People who are NOT 14th Amendment citizens always had the right to contract. This includes people born on the land included inside the borders of what is known as the United States. They are not formal citizens until they contract with government to be citizens. Then they become 14th Amendment citizens. Until Amendments change, and court rulings on them change, the right remains available to become 14th Amendment citizens.

Note one very wonderful part about becoming a 14th Amendment citizen. You become so by becoming a 'person'. You never lose your status as a man or woman... part of the Republic rather than the Democracy... even though your 'person' has become part of the Democracy.

Constitution has always been the fundamental principles and laws of a nation. Without constitution they will be chaos,breakdown of laws and order in our society. Though the rule of law States that The Law is Supreme and Nobody is above the Law but we all know that  some powerful individuals in our society have proven to be above the law. Although the constitution was created to protect rights of citizens in our society but the government who was meant follow the constitution to govern our society have continued to abuse it.

The supremacy of constitution is that the idea that the law of a particular state is supreme and that no one is above the law, the essence of constitution is to regulate the excesses of people and to maintain law and order in the society, but the rich people have turned the content of the constitution in their favor. meanwhile constitution is very nice because it helps to maintain law and order in the society because the absence of the constitution brings about anaky and doom and can result to a lawless society. however, it is pertinent to know that constitution is just like a proposed rules and regulations that governs the affairs of every individual in the society and also helps to protect their individual rights and also give them access to freedom that will aid them to walk freely in the society.
lastly supremacy of the constitution here entails that the law of the society is above our own individual rules and regulation and that the law is meant for everyone and should be obayed and that no one is above the constitution.

Consider this - https://bitcointalksearch.org/topic/m.64148132 - for the US and its Constitution. Does the Constitution of your country have a Contract Clause? Do you know how to use it?

Though, you should be aware that in the end The constitution is a document which (even though) is supposed to be obeyed by both the people and the government of the people, is created by either a dominating class or some class with very specified interests. For example, there are countries like the United States where the constitution is very rightly followed and it is regarded as not to be questioned anyone. On the the other hand, there are countries in which the constitution is a document which can cbe changed and it is very flexible, here in my country we had a process to update and change the constitution back in 1999, when even though our country was founded in 1830.

So, even though I agree the constitution is supposed to be respected by all, one needs to questions who wrote it and who benefits from the articles written in it. The constitution is supposed to be a warranty for the rights and duties of us all.

I am not sure about other country but in my country government is the biggest abuser of power and lifting their relatives and friends by having them installed in key positions and also doing favors by waiving off their debt as they fund the ruling government's bankroll during election and they have created sense of fear and hatred amongst the people. I think here the government is the problem.

Government is for the people, by the people is one of the biggest lie injected into us to believe it is true but in fact, it is not entirely true. Laws are applicable not in the same way if you are rich or poor and I mean you all can relate to what my point is.

Laws are completely biased that should be rewritten if it wants to be stand straight on the scale but one who is in the authority will never want that to happen cause they know if it's made into that way then their dear ones will be affected more than an average joe.

there are laws but those laws have limitations. We understand that we can't exist well if there is no law that's set out to guide the conduct of the peope and that by default, every one has to be equal before the law but in reality, we know that that's not the case.

If we can't challenge certain laws and policies that are enshrined in the Constitution, we're going to end up seeing more strict laws that's against the will of the people who don't even have a say in those laws but have to suffer under a system that's supposed to protect them in the first place. Moderation is what's necessary in whatever we do both in terms of obeying the laws of the land and also ensuring that we put out the right laws that's not going to end up enslaving the people who it's supposed to protect.

But in my country, the supremacy of the constitution is for the poor and not the rich. The court, which is an arm of government that should ensure that society is just and equitable, is now controlled by the rich. Favorably, court judgment is now for the highest bidder. The constitution is supreme and is above everybody including the president. But now the presidents, family members, and cronies are above the law, and this is why they can do whatever they like.


It might not be perfect but I envy the American legal system. It is far better than what we experience in our country. A former president has never been investigated in my country because they are seen as above the law. We still have impartial judges in the US courts, but in my country, almost all the judges are corrupt. Only a few don't take bribes. What I mean is that Americans might not be enjoying the kind of freedom they deserve but their condition is far better than other countries.

People are stupid. At least US people with regard to their Constitution.

The Constitution is designed to allow freedom for the people. If people are free, they have the right to contract with each other and with government. This is expressed by the Contract Clause in the US Constitution, and by court adjudications that say that this applies to people as well as government.

There are rights that can't be contracted away. But if people don't even realize that they are acting under contract with government, how will they ever realize that government people are not allowing them to have their rights because they contracted with government? So, the Constitution is used to contract out of the rights expressed in the Constitution, except for one right, the right to contract.

Now and again you hear some judge say that the Constitution doesn't apply in the judge's court. This is based in the fact that the complainant and the defendant have contracted out from under the rights that they normally have. They do it by contracting with attorneys, who are officers of the court. In other words, they have turned their case over to the courts to decide. Now, the Constitution applies by Contract Clause rather than any of the other rights granted by the Constitution. The other rights don't apply because of the contract.

Constitution has always been the backbone of government and the people to correct and stay together in harmony but today it's no longer back but only to the leaders and the rich while the poor masses is left without bone to support as the function of bone is to hold the body tissues and muscle just as constitution function would have been. I totally agree with Marykeller, using our nation as case study it's very hard for any poor citizen to get justice as everything is turn upsidedown by the politicians Even the laws or constitution has nothing to affect them in there life, government was built in such a way that each sector work independently but the nation of black man mostly the third world countries don't see laws or constitution as guide the way it ought to be. But be it as it may the constitution must have it supremacy as nothing last for ever correction  of wrong doing must have it impacts one day.

In a working system of government, nobody should be above the law. But because of how the country's government is now ruled by corrupt politicians, it all begins to seem as Constitution can be maneuvered or changed to one favor based on one status, finances, or connection. Making one feel like they are above the law

For instance, if you are rich or a politician, the Constitution of a country can make you appear untouchable to any given law you have stepped on wrongly if you have connections with those at the helm of affairs of the government.

I disagree with you :
The reverse is the case in some countries, where corruption have been the order of the day,where some political leader control the system instead of following rule of law, using their executive power to influence the people through bribery an other corrupt related activities.

Nowadays political leaders normally uses immunity as an excuse for their defense

No body is above the law, and anybody that will disobey the law will face the punishment that involved no matter who you are in the society, which are part of some of the things that is making people to live in peace and harmony in the society today.

Even in education sector, there are constitution that governed the body of education sector which all the students and teachers and lecturers must obey no matter the position you are in the school, and it has raised many professional all over the world and the constitution is still existing.

That is why you see government agencies arresting people that violating the law, so that other people will learn a lesson never to disobey the law in the land.

Constitutions is an implemented terms and conditions being constituted by the jurisdictions amongst the government bodies and it's expected to supercede each and everyone regardless of personal statusco.
The term of constitutions tenders instructions and conductive disciplinary measures so as to guide the people of both the jurisdictions who implemented the constitutions also as the citizens or the society entirely.
This is to moderate and and given the society cordially and in specific, to detect lawful and unlawful acts of anyone going Contrarily against the policies guiding the people.

But to me, it's unfortunate that some set of government bodies acts above the law which is to say the goes against the laws and the constitution doesn't hold them in charge instead the constitution has only been an exercise of only defaulting the common masses that's why we have much evils rising day by days where crimes is being sponsored by politicians and the laws doesn't hold them.
How about the politicians that steals the funds which is against the law but get they goes Scott free.

Without law there won't be any oder and without oder everything would be displaced, although the constitution is built to favour the rich mostly over the poor but it has its purpose and that is a very necessary part of ant working society to put crime in its place and to act as a way for peace to flourish in the land.

What is contained in any constitution should be followed or obeyed by all,both the government and the governed(the people).in this case,all the action of the government and those of the people must be carried in accordance with the constitution.

So for me.Nobody,no matter the position or status is above the law.the supremacy of the constitution makes it to protect the rights of human beings,it should always acts as the defender of the people in order to prevent the government from misuse of powers giving to it by the same constitution.