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Constitution - according to COOLEY, is " that body of rules and maxims in accordance with which the powers of sovereignty

are habitually exercised." Constitution - Justice Malcolm: the written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise of the benefit of the body politic the PURPOSE of the constitution is to prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first fixed principles on which government is founded. SUPREMACY of the constitution the constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land, must defer. No act shall be valid, however nobles its intentions, it if conflicts with the Constitution. The Constitution must ever remain supreme. All must bow to the mandate of this law. Expediency must not be allowed to sap its strength nor greed for power debase its rectitude. Right or wrong, the Constitution must be upheld as long as it has not been changed by the sovereign people lest its disregard result in the usurpation of the majesty of law by the pretenders to illegitimate power. Interpretation of consti. self executing rather than non self executing mandatory rather than directory prospective rather than retrospective Procedure of ratification/amendment of constitution 1. Proposal con con = 2/3 con ass 3/4 initiative 12;3 RATIFICATION valid when ratified by a majority of the votes cast in a plebiscite held not earlier than sixty days nor later than ninety days after approval of such changes by the Congress or the constitutional convention or after the certification by the commission of elections of the sufficiency of the petition under section 2.
Section 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least

three per centum of the registered votes therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter. Requisites of Judicial Inquiry 1. There must be an actual case or controversy 2. The question of constitutionality must be raised by the proper party 3. The constitutional question must be raised at the earliest possible opportunity and 4. The decision of the constitutional question must be necessary to the determination of the case itself Effects of declaration of unconstitutionality Orthodox view - not a law, stricken from the statute books and considered never to have existed. Not only the parties but all persons are bound by the declaration of unconstitutionality. TOTAL NULITY Modern view- less stringent, does not annul or repeal the statue if it finds it in conflict with the constitution. the decision affects the parties only and there is no judgement against the statute. it does not strike the law from the statue books