The Constitution as Supreme Law

The U.S. Constitution calls itself the "supreme law of the land." Courts have interpreted this clause to mean that when state constitutions or laws passed by state legislatures or by the national Congress are found to conflict with the federal Constitu­tion, these laws have no force. Deci­sions handed down by the Supreme Court over the course of two cen­turies have confirmed and strength­ened this doctrine of constitutional supremacy.

Final authority is vested in the American people, who can change the fundamental law, if they wish, by amending the Constitution or - in theory, at least - drafting a new one. The people do not exercise their authority directly, however. They delegate the day-to-day business of government to public officials, both elected and appointed.

The power of public officials is limit­ed under the Constitution. Their public actions must conform to the Constitution and to the laws made in accordance with the Constitution. Elected officials must stand for re­election at periodic intervals, when their records are subject to intensive public scrutiny. Appointed officials serve at the pleasure of the person or authority who appointed them and may be removed at any time. The exception to this practice is the life­time appointment by the president of justices of the Supreme Court and other federal judges, so that they may be free of political obligations or influence.

Most commonly, the American peo­ple express their will through the ballot box. The Constitution, how­ever, does make provision for the removal of a public official from office, in cases of extreme miscon­duct or malfeasance, by the process of impeachment. Article II, Section 4 reads: "The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors."