Constitutional Law
The United States Constitution is not just a piece of paper; it is the foundation of our country’s legal system. The Constitution governs everything from the rights of individuals to the powers of government. Constitutional law is the area of law that interprets and implements the Constitution.
Constitutional law sets out the framework for the organization of the U.S. government, the branches of government, and citizens’ rights. This article provides an overview of constitutional law and how it affects our daily lives. If you have questions about constitutional law, contact an experienced constitutional law lawyer.
The Structure of the Constitution
Delegates of the Constitutional Convention created the U.S. Constitution in 1787. There are several parts of the U.S. Constitution, which include:
- The Preamble
- Articles of the Constitution
- Constitutional amendments
The Preamble
The Preamble starts with “We the people.” This introduces the Constitution and general purposes of the government, including the need to:
- Form a more perfect union
- Establish justice
- Ensure domestic tranquility
- Provide for the common defense
- Promote the general welfare
- Secure the blessings of liberty
The Articles of the Constitution
There are seven original articles in the Constitution:
- Article I establishes the legislative branch (the Senate and House of Representatives) and defines its powers and limitations.
- Article II establishes the executive branch (the presidency) and outlines the president’s responsibilities and powers.
- Article III creates the judicial branch (the Supreme Court and other federal courts) and explains the scope of judicial power.
- Article IV deals with the states’ powers and limits, their interactions with each other, and their interactions with the federal government.
- Article V describes the process for amending the Constitution.
- Article VI contains general provisions, including the supremacy of the Constitution over other laws and regulations.
- Article VII details the procedure for ratifying the Constitution.
The Amendments
The Constitution has 27 amendments. The first 10 amendments make up the Bill of Rights. These amendments passed in 1791. These amendments guarantee essential rights and liberties. These include freedom of speech, religion, and the press. Other freedoms include protections against governmental abuses of power.
Key Constitutional Principles
There are many key aspects of the Constitution that determine how the government affects our daily lives.
Federalism
Federalism is the division of power between the federal government and the states. This principle is found throughout the Constitution. For example, state governments have powers not delegated to the federal government.
Separation of Powers
The Constitution divides power among the three branches of government: legislative, executive, and judicial. Each branch has its own distinct powers and responsibilities to ensure that no single branch becomes too powerful.
Checks and Balances
Each branch of government has some influence over the other branches, such as the president’s ability to veto a bill from Congress. This prevents any branch from gaining too much power and ensures cooperation.
Judicial Review
Judicial review is the power of the judiciary to examine the actions of other government branches. The courts can review legislative, executive, and administrative arms of government. Court decisions can determine whether government actions are unconstitutional. The U.S. Supreme Court announced this power in the landmark Supreme Court case Marbury v. Madison.
Due Process
The Fifth and Fourteenth Amendments establish due process. Due process ensures that all individuals receive fair treatment through the judicial system. No person shall be “deprived of life, liberty, or property without due process of law.”
Popular Sovereignty
The authority of the government comes from the people through their elected representatives. The people are the source of a representative’s political power. It supports the idea that the Constitution is a living document directly controlled by and deriving its power from the people.
The Rule of Law
Both those who govern and those under the government must obey the law and be subject to the same laws. This ensures that no one is above the law, no matter how powerful. This keeps the government’s power in check and protects individuals from arbitrary governance.
Individual Rights and Liberties
The Constitution guarantees fundamental rights and freedoms to individuals:
- Freedom of expression: This includes freedoms of speech, press, assembly, and the right to petition the government to redress grievances.
- Right to privacy: This is not explicitly stated in the Constitution. However, Supreme Court rulings have interpreted the right to privacy through various amendments. Privacy rights protect citizens’ personal privacy against government intrusion.
- Civil rights: The Constitution prohibits discrimination based on protected classes. These include gender, race, national origin, sexual orientation, gender identity, and religion.
- Rights of the accused: The Constitution protects individuals accused of crimes. This includes the right to a fair trial, the right to counsel, the right to be free of unreasonable searches and seizure, the banning of cruel and unusual punishment, and protection against self-incrimination.
- Equal protection and due process: The Fourteenth Amendment provides that no state shall deny to any person within its jurisdiction equal protection of the law.
- The right to bear arms: The Second Amendment guarantees the right to possess firearms, and court decisions have expanded on when you can use those in self-defense.
How Constitutional Law Affects You
Constitutional law impacts almost every aspect of our lives. This includes the rights we exercise daily as Americans. When there are disputes over the interpretation of constitutional rights, people can turn to constitutional lawyers. Constitutional attorneys help interpret the law and represent individuals or entities in court. If someone violated your constitutional rights, contact a constitutional lawyer for legal advice.
Additional Constitutional Law Articles
- What is Due Process?
- Constitutional Due Process for Enemy Combatants under the Military Commissions Act of 2006