The origins of the American constitution lie in the struggle for independence of the 13 British colonies in the America’s. Under British sovereign rule the states had become subjected and confined to laws laid down by the monarchy of England. It is necessary for us to provide a brief analysis of the colonies under British rule, as it was American societies reaction to the harsh nature of the imposed laws under the despotic reign of George 3rd that led to the declaration of independence on July 4th 1776 and ultimately to the creation of the constitution in 1787. Prior to the states gaining independent status the American colonies were dominated by the imperial doctrine of the British Empire and were consequently subject to the

Article 3 vests all judicial power in the hands of the courts. The supreme court of the United States is mandated as the final court of appeal from the lower state and federal courts. The courts are responsible for interpreting the constitution this power is commonly known as judicial review. Although this power was not explicitly mentioned in the constitution, chief justice John Marshall in the 1803 Supreme Court case Marbury v. Madison definitively established the principle. The issues, which the court case raised, were to become extremely significant in that it raised the question. Could the Supreme Court declare an act of congress unconstitutional? This firmly established the Supreme Court as a strong third branch of the government although the president has the power of deciding upon all federal judicial appointments.

As the indigenous Americans and African slaves were classed as little more than livestock at the inception of the constitution less than 250 years ago it raises social questions. When we contrast the birth of the constitution with the continuing racism against Negro’s and Native Americans to this day. It could be argued that a nation founded on racism and inequality can only lead to long-term segregation and alienation of these classes of people. Although it is commonly believed that we live in modern times were people are generally more tolerant of creed race and religion it is not untrue to say that ethnic minorities particularly of the African American community are still underrepresented by a government that is dominated by white middle and upper class males. [4] ‘According to a study conducted by the economists Richard Vedder, Lowell Gallaway, and David C Clingman, the average income for a black American is 61% less per annum than their white counterparts. The same percentage difference as it was in 1880. Black levels of unemployment have also been roughly twice those of whites since 1954 and black women are four times more likely than white women to die whilst giving birth’. Giving these harrowing statistics it is reasonable to conclude that little has changed in more than 120 years.

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