Adhering to the US Constitution: Current Status and Challenges

The United States Constitution remains the supreme law of the land, and its provisions continue to guide our government. Despite this, there are significant challenges in ensuring its complete and accurate implementation.

Current Status of the US Constitution

It is widely acknowledged that in theory, all of the US Constitution remains in effect. However, in practice, legislative bodies often fail to follow its provisions, leading to a situation where legal interpretations and societal expectations fall short of constitutional requirements.

Challenges Faced by Legislative Bodies

Current challenges include political partisanship, particularly

between the Republican and Democratic parties. The demonicrats (a term used derogatorily to refer to the Democratic Party) often resist following the Constitution, while some Republicans may compromise and support legislation that violates it.

The difficulty in adhering to the Constitution lies in the inability of the legislative and executive branches to consistently follow its principles, especially when faced with political pressures and economic interests.

Judicial Role in Correcting Legislative Missteps

The judicial branch has a critical role in ensuring that the Constitution is upheld. However, the process of correcting legislative errors can be slow and often takes years, undermining the integrity of the Constitution.

A key principle is that any statute that violates the Constitution is void and ineffective. Any law that does not comply with the Constitution is not a true law and cannot be valid or effective.

Consequences of Legislative Non-Adherence

When a statute in violation of the Constitution is passed, it essentially has no legal standing. The courts are not bound to enforce it, and individuals are not required to comply with it. This principle is further explained in the Sixthteen American Jurisprudence: Second Edition Section 256:

A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.

Conclusion

While the US Constitution remains the ultimate guide for our legal system, the challenges in its application are significant. Ensuring that legislative bodies adhere to the Constitution requires a concerted effort from all branches of government. The role of the judiciary in upholding constitutional principles is crucial, though it can be a long and arduous process.

As we move forward, it is essential to recognize and address these challenges to ensure that the Constitution continues to serve as the foundation of our democracy.