Kara Sears
Constitutional law is a body of law that defines the role, powers, and structure of different entities within a state, including the executive, the parliament or legislature, and the judiciary. It also outlines the basic rights of citizens and their relationship with their governments. In most countries, such as the United States, India, and Singapore, constitutional law is based on a document ratified when the nation was formed. The US Constitution, for example, superseded the Articles of Confederation in 1789 and has been amended 27 times since. The UK, on the other hand, relies on uncodified rules, including legislative statutes and constitutional conventions. The US Constitution was influenced by the study of the Magna Carta and other federations, as well as the ideas of 18th-century Enlightenment philosophers such as Montesquieu and John Locke.
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What You'll Learn
The US Constitution
The Constitution separates the powers of the federal government into three branches: the legislative branch (outlined in Article I), or Congress, which makes the laws; the executive branch (outlined in Article II), or the Presidency, which executes the laws; and the judicial branch (outlined in Article III), or the federal judiciary (headed by the Supreme Court), which interprets the laws.
The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply. Despite these changes, the focus of each Article remains the same as when they were adopted in 1787.
The first 10 amendments to the Constitution make up the Bill of Rights, which James Madison wrote. These amendments list specific prohibitions on governmental power in response to calls from several states for greater constitutional protection of individual liberties. The eighteenth article of amendment to the Constitution, which prohibited the importation of intoxicating liquors, was repealed in 1947.
There are two steps in the amendment process. Proposals to amend the Constitution must be properly adopted and ratified before they change the Constitution. First, there are two procedures for adopting the language of a proposed amendment, either by Congress, by a two-thirds majority in both the Senate and the House of Representatives, or by a national convention (which occurs whenever two-thirds of the state legislatures collectively call for one). Second, there are two procedures for ratifying the proposed amendment, requiring three-fourths of the states' approval (38 of 50 states): consent of the state legislatures or consent of state ratifying conventions.
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The Federalist Papers
The high demand for the essays led to their publication in a more permanent form. The first 36 essays were published as a bound volume in March 1788, followed by a second volume containing essays 37-77 and the previously unpublished essays 78-85 in May 1788. The last eight papers were republished in New York newspapers between June and August 1788. The Federalist Papers continue to be an important resource for understanding the United States Constitution and the principles on which it was founded.
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Common law
In a common law jurisdiction, several stages of research and analysis are required to determine "what the law is" in a given situation. Firstly, one must ascertain the facts and locate any relevant statutes and cases. Then, one must extract the principles, analogies, and statements by various courts to predict how the next court might rule on the present case. Decisions of higher courts or legislatures generally carry more weight than those of lower courts. Finally, one integrates all the information gathered and determines "what the law is", applying it to the facts of the case at hand.
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Civil law
The structure of the judiciary differs significantly between common law and civil law systems. Common law judiciaries are adversarial, with the judiciary, prosecution, and law enforcement kept separate. Civil law judiciaries, however, are inquisitorial, and only the parliament or legislature has the power to effect law.
Constitutional law, which defines the role, powers, and structure of entities within a state, is based on a text document ratified when a nation comes into being. In some nations, like the UK, constitutional law relies on uncodified rules, while others, like the US, have a codified constitution.
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Constitutional conventions
In the United Kingdom, for example, the constitution is composed of statutes, case law, and convention. The absence of an entrenched document setting out fundamental rights means that constitutional conventions carry significant weight. One notable example is the convention of cabinet collective responsibility, where ministers are expected to publicly support government decisions, even if they disagree privately.
The influence of constitutional conventions extends beyond the formation of constitutions and can impact their interpretation and amendment as well. In some countries, conventions may guide the conduct of officials involved in the constitutional amendment process, ensuring a degree of consistency and regularity in the exercise of their duties.
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Frequently asked questions
The U.S. Constitution was handwritten by Jacob Shallus on five pages of parchment. It was signed in 1787 and came into effect in 1789, superseding the Articles of Confederation. It has since been amended 27 times.
The U.S. Constitution was written by delegates from 12 states at the Constitutional Convention in Philadelphia. General George Washington was unanimously elected president of the convention. The proposal for the convention came from Madison and John Tyler in the Virginia assembly. Madison and Alexander Hamilton issued a report from a meeting in Annapolis, calling upon Congress to summon delegates from all states to revise the Articles of Confederation.
The U.S. Constitution was influenced by the study of the Magna Carta, other federations, and the Enlightenment philosophers of the 18th century, such as Montesquieu, Locke, Coke, Hume, and Blackstone. The Due Process Clause was partly based on common law and the Magna Carta. The Separation of Powers was inspired by the ideas of Enlightenment philosophers.
The U.S. Constitution is the supreme law of the United States of America. It defines the federal government and separates powers into three branches: the legislative, the executive, and the judiciary. It also outlines the rights and responsibilities of state governments and their relationship with the federal government. The U.S. Constitution has influenced the constitutions of other nations.
