Why is the constitution important today for everything?

Answer 1

The Constitution is the basis for all laws in the US.

Any laws, be they federal, state or local, that conflict with the Constitution will be struck down (found "unconstitutional").

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 national government and the methods of achieving them. Previously, the nation's leaders had established an alliance among the states under the Articles of Confederation. But the Congress created by the Articles lacked the authority to make the states work together to solve national problems. (http://usinfo.state.gov/products/pubs/constitution/)

The constitution institutes the powers of the government, as well as creating limitations on that same power. The system of three houses was designed to prevent any one section (the judicial, the legislative, or the executive) from gaining too much power. In addition, specific rights were granted to the people and the states, and prohibited from government interference.

The Constitution itself was developed in an environment where the Articles of Confederation were found to create too weak of a government, which was unable to provide for a common defense, and also unable to act out its duties, or levy taxes.

However, after a series of rebellions against such a weak government (a confederation of states) that was incapable of being dealt with effectively, it was decided something new was required.

After a good bit of debate (see the Federalist Papers) the constitution was laid out by representatives of the several states, and debated further for ratification. A good many states were dubious about the powers of such a government (the antifederalists) and a compromise was reached in order to limit the powers and abuses of such a government.

The government itself was denied police powers, as well as having strict limitations placed upon what powers could or could not be seized from the state governments. Further limitations were placed on the federal government in varieties of laws that could be instituted.

This did not go far enough, however, for the antifederalists, who wanted an enumeration of rights that could not be limited by the federal government. The antifederalists felt that without that enumeration, that the federal government would start to become tyrannical, by nature, over time.

Alexander Hamilton argued against this bill of rights (in Federalist 44) on the grounds that he did not feel that these rights need be enumerated, as it was implying that the people were giving up specific rights, in order to gain the protection of the constitution.

The antifederalists disagreed.

Thomas Jefferson, and James Madison felt that if they could not guarantee all rights, at least they could guarantee those that would not allow the growth of tyranny.

Hence the freedom of the press, freedom of assembly, freedom of religion, and freedom of speech.

To preserve these rights, the second amendment was put into place. In the words of James Madison:

"Let a regular army, fully equal to the resources of the country, be formed; and let it be entirely at the devotion of the federal government; still it would not be going too far to say, that the State governments, with the people on their side, would be able to repel the danger. The highest number to which, according to the best computation, a standing army can be carried in any country, does not exceed one hundredth of the whole number of souls; or one twenty-fifth part of the number able to bear arms. This proportion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million of citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties, and united and conducted by governments possessing their affections and confidence. It may well be doubted, whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops"

This was followed in May 2, 1792 with the Militia act, which created the powers of the US government for a standing army, as well as instituting a system by which all persons of ages 17-45 were required to purchase, and maintain the best possible military firearm, and maintain powder and ball. This act was finally superceded by the Dick Act of 1903, defining the militia as an organized militia (the national guard) and the unorganized (the people themselves).

Each of the original 'bill of rights' amendments were designed not only to preserve and enumerate the rights, but to prohibit abridgement of those rights, and to address problems seen within the British parliamentary procedure, and problems associated with unrestricted power.

Bills of attainder (or bills of tainting) were acts that were used by the British government to declare a class of outlaws, or declare that due to the actions of a person, without trial, that they were tainted, their property and rights (and often life) were forfeit, and that their bloodline was often tainted for several generations, and unable to own land or hold office.

Ex-post-facto laws were prohibited due to the political habit of the Parliament of creating laws to attack people that they felt were criminals, by making an action that they had done sometime in the past criminal, then using the bills of attainder to destroy them.

The searches and siezures were further limited, via the power of habeus corpus, and the limitations against self-incrimination. In the Colonial periods, a British officer could easily seize anything that they wanted, as could their agents. Property, chattel, and money were fair game by writ.

And bills of attainder were used if they attempted to resist.

The importance of the constitution isn't so much the powers that it vests in the Federal government, it is in the limitations which it places upon the actions of that government. The ultimate importance is not solely as a contract between the Several States, and the government, forming a nation, as much as it is an agreement between the People and the government, because it was realized that the people formed the several states, and gave up the power to the government, and that all such power ultimately derived from, and was supported by the people, and recognition of their rights and privileges in a civil society.

Ultimately, it is the contract by which we give up specific freedoms, in order to retain other more important ones, and by which the government promised not to abridge specific freedoms, or make any law regarding their expression.

Under the Fourteenth Amendment, the rights restricted from the Federal Government were also restricted from abridgement by the states.

And it is this document that our congressmen, our president, and our military are sworn to uphold and protect against all enemies, foreign and domestic, and to swear true allegiance to the same, above all other oaths.

Answer 2

It is very important. Right now, it is stopping Trump from becoming a dictator and taking away rights. His recent executive orders are facing challenges throughout the courts system. The constitution is working for us in the separation of powers.