Constitutional Law
Constitutional law is the body of law that defines the relationship between different entities within a state, namely the executive, the legislature, and the judiciary. It encompasses a range of legal principles and rules that define the extent and limitations of government power.
Key Concepts
Constitution: A written document that outlines the basic principles and framework of government. It establishes the rights and responsibilities of citizens and defines the powers of the government.
Separation of powers: The idea that the three branches of government (executive, legislative, and judiciary) should be separate and independent, with distinct roles and responsibilities. This is designed to prevent any one branch from becoming too powerful.
Federalism: The division of power between the federal government and the individual states. The Constitution grants certain powers to the federal government, but leaves others to the states.
Judicial review: The power of the judiciary to interpret the Constitution and determine the constitutionality of laws and governmental actions. This allows the judiciary to strike down laws that are in conflict with the Constitution.
Individual rights and liberties: The Constitution includes a Bill of Rights that outlines the basic rights and freedoms of individuals, such as freedom of speech, freedom of religion, and the right to bear arms. The Constitution also prohibits the government from infringing on these rights.
Important Court Cases
Marbury v. Madison (1803): Establishes the principle of judicial review.
McCulloch v. Maryland (1819): Confirms the supremacy of federal law over state law.
Brown v. Board of Education (1954): Outlaws segregation in public schools.
Roe v. Wade (1973): Establishes a woman's right to an abortion.
Citizens United v. FEC (2010): Allows unlimited corporate spending on political campaigns.
Takeaways
Constitutional law governs the relationship between the government and its citizens.
The Constitution establishes a framework for government, while also protecting individual rights and freedoms.
The separation of powers and federalism help to prevent government overreach and abuse of power.
Judicial review allows the judiciary to strike down laws and actions that are unconstitutional.
Important court cases have shaped the interpretation and application of constitutional law over time.