Constitution

On a specific topic or issue when two people differ and their disagreement or incongruity directs to a lawsuit or court case then sometimes the lawsuit conclude by a judge with his decision in support of any one of them. In a written document, the ruling will be explained by the judge referred to as an “opinion”.

The Constitutional Convention in Philadelphia

On February 21, 1787 Confederate Congress adopted a resolution on the convening of the Convention, "the sole and expressed purpose of revising the Articles of Confederation." Twelve states (except Rhode Island) have approved a total of 70 delegates who were to participate in the Convention. Although the original purpose of the Convention was a revision of the Articles of Confederation was the question of developing a new instrument was not raised gradually delegates came to the conclusion about the need for a new Constitution, which would be approved territorial and federal system of government, fundamentally different from those that existed at the time. Discussion of the project was closed, however, James Madison, the ideologist of "Virginia Plan" took notes.

The main dispute in the Philadelphia swung the Convent between supporters of two constitutional models, which were named "Virginia Plan" and "Plan of New Jersey" (by the names of states that are represented by delegates - the authors of models). In the "Virginia Plan," the emphasis was on creating a system of federal bodies, which would possess considerable powers. In particular, the federal government proposed to give the right to veto laws passed by legislatures (legislatures) states that, if necessary, use military force against individual states. According to the "Virginia Plan" at the federal level had to be created a bicameral legislature (the upper house of the legislature and was elected by the members of the lower chamber), the government elected by the legislature for seven years, and the judicial system, based on the principle of tenure of judges. "Plan" was formally presented to the Governor Edmund Randolph of Virginia May 29, 1787 (Collier. 1986, pp. 9-30).

Ratification of the Constitution

However, ratification by the states is a very serious barrier to the amendment. History of the U.S. Constitution is known examples where the ratification of the amendment was delayed for decades or even centuries. A record here belongs XXVII Amendment, which prohibits members of parliament to increase his own salary, applicable law may come into effect until after the next lower house election. The amendment was adopted by Congress at the suggestion of James Madison in 1789, and ratified by the requisite number of states and entered into force until May 7, 1992 Thus, the ratification process took 203 years. To eliminate this practice, Congress in 1917 was typically set deadlines for ratification.

If the required number of states in the allotted time will not approve the amendment, it shall be considered rejected by them. This happened, for example, adopted by Congress in 1972 and 1978. Respectively, as amended on equality between men and women, and of giving the District of Columbia statehood there ...