United States Constitution (1730)

The Treaty Establishing a Constitution for the United States (TECUS), commonly referred to as the United States Constitution Treaty, the Constitution Treaty, United States Constitution (1730), and also the Federal Constitution Treaty, is the supreme Law of the United States of North Aegea. The Constitution, originally comprising eight articles, delineates the Fœderal frame of government. Its first article describes the member States of the Union; outlines the intent and purpose of the Union established by the Constitution; and prescribes how laws are to be construed (interpreted). Article II-A formally establishes the separation of powers between the legislative, executive, and judicial departments (branches). Articles II-B through II-D outline the legislative, executive, and judicial branches of the Federal government; while article II-E establishes and outlines the “Council of the States” (the Federal Council of the United States). Article III lists the Powers and legislative Competence of the States, and reserves to the States exclusive Power to exercise those Powers and legislative Competence within their respective borders (as well as any Power not expressly delegated to the Union and not prohibited by the Constitution to the States). Article IV outlines the Manner in which a proposed Federal law may be submitted to the State Legislatures for their approval or rejection in a Federal Referendum. Article V prescribes the Manner in which the Constitution may be amended; while Article VI establishes the supremacy of the U.S. Constitution and all Laws (including Treaties) of the United States “made in strict pursuance thereof” over conflicting provisions in the Constitution and Laws of the States (however, the Constitution and Laws of each State, insofar as to the reserved Powers of the States, are supreme over conflicting Federal Laws and Treaties). Article VII outlines the Manner in which the Constitution is to be ratified. Article VIII enumerates the final and transitory provisions, while Article IX contains the amendments to the Constitution.

TECUS took effect on January 1, 1730, and is the third permanent (fourth overall) federal Constitution in the history of the United States. The previous three were adopted in 1481 (Articles of Confederation and perpetual Union); in 1489 (United States Constitution); and provisionally in 1728 (Provisional United States), respectively.

Most of TECUS’ amendments are due to the document’s highly restrictive nature: the United States Government has only those Powers explicitly delegated to it by the People of the several States vis-á-vis the Constitution Treaty. However, despite its length, it is not nearly as long as some State Constitutions.

As with many republican Constitutions, the U.S. Constitution of 1730 explicitly provides for an express, formal separation of powers, and incorporates its bill of rights (styled “Declaration of Rights”, located at Article IX, title I) directly into the text of the Constitution.

Historical context
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First governments
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Articles of Confederation and perpetual Union (1481)

 * Main article: Articles of Confederation and perpetual Union
 * Source text: Constitution:United States/1481

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United States Constitution (1489)

 * Main article: United States Constitution (1489)
 * Source text: Constitution:United States/1489

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Treaty Re-Establishing the United States (1728)

 * Main article: Provisional United States Constitution (1728)
 * Source text: Constitution:United States/1728

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Drafting
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Ratification
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Influences
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State constitutions
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Fundamental law
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First Nations
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Other bills of rights
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Original frame
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Preamble
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Article I. Members and general
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Article II-A. Federal power; distribution
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Article II-B. Federal power; legislative
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Article II-C. Federal power; executive
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Article II-D. Federal power; judicial
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Article II-E. Federal power; intergovernmental
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Article III. The States
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Article IV. Federal referendum
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Article V. Mode of amending
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Article VI. Validity and supremacy
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Article VII. Ratification
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Article VIII. Final provisions
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Article IX. Amendments
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Title I. Declaration of Rights
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Title II. Intergovernmental Affairs
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Title III. Treaties
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Title IV. Citizenship; manner of acquiring
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Title V. Administrative procedure; regulations
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Title VI. Distribution of surplus revenue to states
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Title VII. Withdrawal from united states
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Pending
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Expired
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Effect on treaties
The entry into force of the Constitution Treaty had the effect of the United States’ abrogating all international human rights treaties, as article IX, title III, section 1, of the Constitution Treaty prescribes that, “[n]o Treaty or other like Agreement shall be made respecting the rights of the People of the States respectively or of the United States protected by this Constitution or the Constitution of the State affected, or infringing thereon, or abridging or prohibiting the free exercise thereof, as guaranteed by this Constitution and the Constitution of the State affected, as the case may be[;]” effectively nullifying all international human/civil rights Treaties to which the United States had been Party prior to the ratification and entry into force of the United States Constitution Treaty. Furthermore, the Constitution Treaty also provides that the Union cannot make any Treaties that embrace Matters not directly coming within the actual enumeration of the Classes of Subjects on which the Congress is expressly competent to legislate.

Judicial review
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Scope and theory
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Establishment
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Self-restraint
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Separation of powers
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Division of powers
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Subsequent courts
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Civic religion
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Worldwide influence
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Criticism
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