Keith Mack
Constitutional law is a broad and powerful area of law that governs the interpretation and application of the Constitution, the supreme law of the land in the United States. Constitutional law cases can involve a wide range of topics, including the balance of power between federal and state governments, the separation of powers between different branches of government, and the protection of individual rights and liberties. For example, cases such as Marbury v. Madison and Martin v. Hunter's Lessee have established the supremacy of the Constitution over acts of Congress and state laws. Other cases, like Bowsher v. Synar, have addressed the separation of powers between the executive and legislative branches. The Supreme Court also plays a crucial role in interpreting constitutional provisions, such as in Tinker v., where the Court upheld students' freedom of speech rights in schools, and in Gratz v. Bollinger and Grutter v. Bollinger, where the Court clarified the constitutionality of affirmative action programs. Additionally, state constitutional cases, like Sonjia Mack's lawsuit against corrections officers in Nevada, showcase how state constitutions can fill gaps left by federal law. Overall, constitutional law encompasses a diverse array of cases that shape the interpretation and enforcement of constitutional rights, powers, and principles.
| Characteristics | Values |
|---|---|
| Power of judicial review | Courts can strike down legislative or executive action if it violates the Constitution |
| Separation of powers | Interpreting the balance of power between the states and federal government, and between branches of government |
| Due process | Protecting civil rights and liberties |
| Equal protection | Ensuring no group is treated differently |
| Federal supremacy | US laws take precedence over state laws |
| State constitutions | Filling in gaps in federal law |
| Voting rights | Partisan gerrymandering |
| First Amendment rights | Freedom of speech |
| Fourteenth Amendment rights | Right to privacy |
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What You'll Learn
Separation of powers
The US Constitution establishes three separate but equal branches of government: the legislative branch, the executive branch, and the judicial branch. Each branch has its distinct role and powers, and this separation of powers is fundamental to the US system of government and its checks and balances.
The legislative branch makes the law. This power is vested in Congress, which consists of the Senate and the House of Representatives. Congress can also establish "legislative courts", which do not take the form of judicial agencies and whose members do not have the same tenure or compensation as constitutional court judges. These legislative courts can only rule on "public rights" questions, such as cases between the government and an individual.
The executive branch enforces the law. The executive power is vested in the President, who becomes the Commander-in-Chief of the armed forces and has the power to make treaties, appointments, and ensure the laws are executed. The President cannot, however, usurp the law-making powers of Congress.
The judicial branch interprets the law. The Supreme Court and any lower courts created by Congress have the power to interpret constitutional provisions and review decisions by state courts in civil and criminal cases that involve the Constitution or federal laws. The Supreme Court can also rule on disputes between the other branches, such as in the case of Congress encroaching on the President's power.
The separation of powers is intended to prevent one branch of government from becoming too powerful and to preserve individual liberty. While some US states in the 18th century did not observe a strict separation of powers, it has become a fundamental principle of the US government, with Law Day celebrated annually in May to commemorate the rule of law in a free society.
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Voting rights
The right to vote has been expanded and protected by several constitutional amendments. The 15th Amendment, passed in 1870, gave African American men the right to vote, although many were still unable to exercise this right due to literacy tests and other barriers implemented by certain states. The 19th Amendment, ratified in 1920, extended voting rights to all women, although some states, such as Wyoming, had granted women the right to vote prior to this amendment. The 24th Amendment, ratified in 1964, banned poll taxes, which had been used to prevent low-income citizens and racial minorities from voting. The Voting Rights Act of 1965 further prohibited voter discrimination based on race, colour, or membership in a language minority group, requiring certain places to provide election materials in languages other than English. The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18.
Despite these advancements, the right to vote continues to vary across states. State constitutions play a significant role in regulating elections and safeguarding the right to vote. States have the power to establish election infrastructure, residency requirements, registration systems, and ballot secrecy. They also have the authority to determine voter qualifications and enforce voting laws, which can lead to inconsistencies in voting rights across the country. For example, felons may have the right to vote in some states but not in others.
Federal laws, such as the Civil Rights Acts and the Voting Accessibility for the Elderly and Handicapped Act of 1984, have also played a crucial role in protecting voting rights by prohibiting discrimination and ensuring accessibility for elderly and disabled voters. The Elections Clause of the Constitution grants Congress and the federal government the authority to determine the "Times, Places, and Manner" of congressional elections, allowing for standardized elections and easier voting processes.
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Civil rights and liberties
The Bill of Rights, encompassing the First through Ninth and Fourteenth Amendments to the US Constitution, serves as a foundational document outlining these rights and liberties. The First Amendment begins with the words, "Congress shall make no law respecting an establishment of religion," emphasizing the separation of church and state. The Fourteenth Amendment was crucial in expanding protections, allowing for the "nationalization" of civil liberties, initially applicable only at the federal level. It also forms the basis for Congress's efforts to address racial injustice and discrimination in public facilities and accommodations.
The right to privacy has been a significant aspect of civil liberties, with the Supreme Court in Griswold v. Connecticut (1965) affirming this right against government intrusion. This right has been central to various civil liberties cases, including Pierce v. Society of Sisters, Roe v. Wade, and Lawrence v. Texas. The concept of sexual freedom, while not explicitly mentioned in the Constitution, has gained recognition in recent years, encompassing sexual expression, choices, education, reproductive justice, and health.
Civil rights have evolved significantly over time, particularly after the Civil War, with key legislation like the Civil Rights Acts of 1964 and 1965 addressing racial discrimination and voting rights. The interpretation and clarification of civil liberties and rights fall under the purview of the Supreme Court of the United States and lower federal courts. These rights and liberties are dynamic, adapting to societal changes and popular opinion, with courts wielding significant power in interpreting constitutional provisions and ensuring protection for individuals within society.
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Affirmative action
Constitutional law in the United States is the supreme law of the land, alongside federal laws made pursuant to it and treaties made under its authority. Courts have significant power when interpreting constitutional provisions, and they can strike down legislative or executive action if it violates the Constitution.
In the context of educational institutions, affirmative action has been a factor in constitutional law since the 1970s, when “diversity" became a factor in admissions decisions. The Supreme Court upheld the use of affirmative action in admissions for decades, citing the compelling interest in "obtaining the educational benefits that flow from student body diversity".
However, in 2023, the Supreme Court overturned race-conscious admissions policies, stating they violated the Fourteenth Amendment. This shift in position can be seen in cases such as Students for Fair Admissions v. President and Fellows of Harvard College, where the Supreme Court ruled in favour of the plaintiffs in 2022, and Gratz and Grutter, where voters in Michigan banned affirmative action in 2006.
Overall, affirmative action plays a significant role in constitutional law, particularly in relation to the Fourteenth Amendment and the balance between federal and state powers.
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Federal laws and state laws
The law of the United States comprises multiple levels of codified and uncodified forms, with the supreme law being the US Constitution. This Constitution sets out the boundaries of federal law, which includes Acts of Congress, treaties ratified by the Senate, regulations from the executive branch, and case law from the federal judiciary. Federal law originates from the Constitution, which grants Congress the power to enact statutes in certain limited areas, such as regulating interstate commerce, the military, money, foreign relations, and intellectual property.
The US Code is the official compilation of general and permanent federal statutes. These statutes empower executive agencies to create regulations, which are published in the Federal Register and codified into the Code of Federal Regulations. Federal law traditionally focused on areas where there was an express grant of power to the federal government in the Constitution.
State laws, on the other hand, can grant their citizens broader rights than the federal Constitution, as long as they do not infringe upon any federal constitutional rights. This means that US law, especially in areas like contract, tort, property, probate, criminal, and family law, is primarily derived from state law, which can vary significantly from state to state. Even in areas governed by federal law, state law often supplements federal law rather than being preempted by it.
The Supremacy Clause is a vital component of the US federal political structure, establishing the supremacy of federal law and the Constitution. It ensures that federal acts take priority over conflicting state acts, and it provides that federal laws and treaties made under the authority of the Constitution are the supreme law of the land. This clause ensures that federal and state governments must operate within the boundaries set by the Constitution.
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Frequently asked questions
Constitutional law cases can involve the interpretation of constitutional provisions, ensuring that each branch of government recognizes the limits of its power, and protecting civil rights and liberties.
Some examples include Marbury v. Madison, which asserted the supremacy of the Constitution over ordinary acts of the legislature, and Martin v. Hunter's Lessee, which outlined the appellate power of the United States in state tribunals concerning cases arising under the Constitution, laws, and treaties.
Key themes include the balance of power between states and the federal government, the separation of powers among branches of government, and the extent of government regulation of private conduct or differential treatment of groups.
Constitutional law plays a crucial role in protecting civil rights and liberties by striking down laws that violate the Constitution. For example, in Tinker v. Des Moines, the Supreme Court upheld students' freedom of speech rights, ruling that schools could only prohibit speech that disrupted the educational process.
The Supreme Court's interpretation of the Constitution takes precedence over state laws. The Supreme Court can strike down state laws found to be in violation of the Constitution, as seen in cases like McCulloch, where the Court established federal supremacy and the implied powers of Congress.
