Kara Sears
Constitutional law deals with the interpretation and application of a country's constitution. Constitutional law cases are often related to fundamental questions of sovereignty and democracy. For example, in the US, the Supreme Court has the authority to decide questions of constitutional law through its power of judicial review, which allows it to declare government actions unconstitutional and prevent their enforcement. The Constitution grants Congress broad authority to pass laws on various topics, but it also outlines specific powers and responsibilities of each branch of government, including the executive, legislative, and judicial branches. The interpretation of constitutional rights and amendments has resulted in an extensive list of case law, such as the District of Columbia v. Heller, where the Second Amendment was interpreted to protect an individual's right to possess firearms for self-defense.
| Characteristics | Values |
|---|---|
| Broad Topic | Interpretation and application of the United States Constitution |
| Powers Granted | Congress has wide-reaching authority to pass laws on a variety of topics |
| Prohibited Actions | Congress cannot directly tax US citizens unless it is proportioned to the population of each state |
| Branches of Government | Executive, Legislative, and Judicial |
| Supreme Court Authority | Power of judicial review to decide questions of constitutional law |
| Amendments | The Fourteenth Amendment prohibits states from abridging rights and guarantees equal protection under the law |
| Case Law | District of Columbia v. Heller interprets the Second Amendment as protecting an individual's right to possess firearms |
| National Practice Area | Administrative and Constitutional Law and Human Rights (ACLHR) |
| Court Requirements | Notice must be provided to Attorneys-General before the commencement of a constitutional case |
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What You'll Learn
The Supreme Court's power of judicial review
The Supreme Court is the highest court in the United States, and it plays a crucial role in the country's constitutional system of government. Its power of judicial review is a significant aspect of its function and has a substantial impact on American law and governance.
Judicial review refers to the Supreme Court's authority to interpret the U.S. Constitution and determine whether laws or actions at any level of government—from lower court decisions to federal legislation to state constitutional provisions—conform to it. If the Court deems something to be unconstitutional, it can declare it null and unenforceable. This power was firmly established in the landmark case of Marbury v. Madison in 1803, where Chief Justice John Marshall asserted the Court's role as the ultimate interpreter of the Constitution.
The Court's power of judicial review has been a subject of ongoing debate, particularly regarding the balance between judicial activism and self-restraint. It has been controversial at various points in history, as it involves the Court declaring laws or actions of coordinate national branches unconstitutional. However, this power can be justified by Article VIII of the Constitution, which establishes the supremacy of the Constitution and federal laws and treaties over state laws.
The Supreme Court's ability to invalidate laws that violate the Constitution is essential for protecting civil rights and liberties and setting limits on democratic government. It ensures that popular majorities cannot pass laws that harm or take advantage of unpopular minorities, thus preserving fundamental values such as freedom of speech, freedom of religion, and due process of law.
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Separation of powers and checks and balances
Constitutional law deals with the interpretation and application of the United States Constitution. As the Constitution is the source of legal authority in the US, constitutional law often relates to fundamental questions of sovereignty and democracy.
The US Constitution establishes a system of separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judiciary. This system is designed to prevent any one branch from having too much power and to protect individual liberty. Each branch has separate powers and is generally not allowed to exercise the powers of the others.
The legislative branch, or Congress, is responsible for creating laws and statutes. The executive power is vested in the President, who acts as the commander-in-chief and has the power to veto laws passed by Congress. The judicial power is vested in the Supreme Court and any lower courts created by Congress. The Supreme Court has the authority to conclusively decide questions of constitutional law through its power of judicial review, allowing it to declare governmental actions unconstitutional and prevent their enforcement.
The separation of powers is also known as the system of checks and balances, as each branch is given certain powers to inspect and block the others from overstepping their duties. This system aims to prevent the accumulation of power in any one branch and to ensure that no single person or body has too much control over the government.
James Madison, in Federalist No. 51 in 1788, theorized that the separation of powers, combined with the ambition inherent in human nature, could work to advance the public good. Madison argued that each branch, being independent and not dependent on the others for its authority, would jealously guard its power and prevent encroachment by the others. This "Madisonian Model" has been celebrated as a unique feature of the US Constitution.
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The right to bear arms
A constitutional law case involves the interpretation and opinion of judges on social and political issues, in the context of the US Constitution. One of the most contentious constitutional issues in the US is the Second Amendment and the "right to bear arms".
The Second Amendment states: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." This amendment has been the subject of much debate, with some arguing that it creates an individual constitutional right to possess firearms, while others contend that it was intended to restrict Congress from legislating away a state's right to self-defence.
The notion of citizens possessing weapons is not new, and predates the US Constitution. The English Bill of Rights of 1689 allowed Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law." This was further supported by Sir William Blackstone, who described the possession of weapons as an "auxiliary right", designed to bolster the rights of self-defence and resistance to oppression. During the colonial and revolutionary periods in America, documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution also asserted the right of citizens to arm themselves.
In the US, the Second Amendment's original purpose was to act as a safeguard against federal overreach and foreign invasion. However, over time, its focus shifted to encompass general safety and the protection of life, liberty, and property. In 2008, a landmark Supreme Court decision in District of Columbia v. Heller asserted that the Second Amendment protected the right of all individual citizens to keep and bear arms for self-defence, not just for a state-run militia. This was further reinforced in 2010 with McDonald v. City of Chicago, where the Supreme Court ruled that the Second Amendment's provisions were protected at the state level by the Fourteenth Amendment's Due Process Clause.
Despite these rulings, the future of the Second Amendment remains a divisive issue, often split along partisan lines. Courts have continued to grapple with the interpretation of the Second Amendment, with cases such as US v. Rene E. upholding the ban on juvenile delinquent handgun possession, and Kachalsky v. County of Westchester, which addressed the requirement of a permit to carry a concealed weapon.
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The due process clause
Constitutional law deals with the interpretation and application of the United States Constitution. The Supreme Court has the authority to conclusively decide matters of constitutional law through its power of judicial review.
The Fourteenth Amendment uses the same eleven words as the Fifth Amendment, which states that no one shall be "deprived of life, liberty or property without due process of law" by the federal government. The Fourteenth Amendment extends this obligation to the states. The Due Process Clause is interpreted as affording protection from interference by the state with the rights listed in the first eight amendments. This process of extending the Bill of Rights to the states is known as the incorporation doctrine.
Substantive due process has been interpreted to include the right to work in an ordinary job, marry, and raise children. For example, in Lochner v New York (1905), the Supreme Court found a New York law regulating the working hours of bakers to be unconstitutional, as it infringed on the bakers' substantive due process right to work under their terms.
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The incorporation doctrine
Constitutional law deals with the interpretation and application of the United States Constitution. The incorporation doctrine is a constitutional doctrine that applies parts of the first ten amendments of the United States Constitution (known as the Bill of Rights) to the states through the Due Process Clause of the Fourteenth Amendment.
The Fourteenth Amendment, passed after the Civil War, includes the Due Process Clause, which differs from the Fifth Amendment's due process clause in that it explicitly applies to the states. The Supreme Court has interpreted the Due Process Clause of the Fourteenth Amendment as protecting individuals from state interference with the rights listed in the first eight amendments. This process of extending the Bill of Rights to the states is known as the incorporation doctrine.
While the selective incorporation doctrine has become the prevailing view, debates continue regarding the extent and methodology of incorporating rights. Some justices, like Hugo Black and William O. Douglas, have advocated for total incorporation of all the rights in the Bill of Rights, while others have supported a more cautious approach, incorporating only those rights deemed essential to due process.
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Frequently asked questions
A constitutional law case deals with the interpretation and application of a country's constitution. For example, in the US, the Supreme Court has the authority to interpret and apply the US Constitution, and its rulings are studied in constitutional law.
Some examples of constitutional law cases in the US include District of Columbia v. Heller, which interpreted the Second Amendment, and Madison (1803), in which the Supreme Court first exercised the right of judicial review.
The steps involved in a constitutional law case vary depending on the jurisdiction. In Australia, for example, there are specific rules and procedures that must be followed when filing and serving a notice. In the US, the Supreme Court has the power of judicial review, allowing it to declare governmental actions unconstitutional and prevent their enforcement.
