Constitutional theory is a set of principle guidelines upon which the
Constitution of the United States finds its footings. Primarily aimed at
opposing the despotic nature of European governments, the US Constitution
thus proposes and establishes such golden principles that "government comes
from below and not from above; and it derives its powers from the consent
of the governed; and that men have certain natural, inalienable rights; and
that it is wise and feasible to distribute and balance powers within
governments, providing local powers to the local governments and general
powers to the national government; and that men are born equal and should
be treated as equal before the eyes of the law". (Murphy, 2000; Ponceau,
Why was such a document so important to the new nation' and What historical
The importance of the US Constitution can be assessed from observing the
'Articles of Confederation', the single document framed during the presence
of the British armies in America. The 'Articles of Confederation' lacked
both the national executive as well as the national judiciary. Further,
with no powers to exercise, and without the ability to raise a national
military, the central government was at a loss, since powers vested by the
said Articles of Confederation did not allow authority over its own
citizens, it could not prevent any violation by a state on the rights of
the other, and nor could the central government build effective relations
with foreign governments. The need thus rose for an establishment of a
"more perfect union', and hence the framing of the US Constitution.
Thus, be it the powers to exercise authority over its own citizens, make
and change laws, purse economic activity from American perspectives, to the
effective pursuit of American interests both at home and at the
int...