Constitutional law is the body of laws that establishes and describes how a government functions. It also contains protections of basic rights.
Students studying constitutional law learn how courts interpret the 성범죄변호사 Constitution and delineate relationships between federal and state governments. They learn about the “full faith and credit” clause, which requires States to give each other’s laws, contracts, records, and judicial proceedings full weight.
Powers of the President
The Constitution provides a number of specific powers to the President. These include the power to make treaties (though ratification requires Senate approval), to appoint “Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States,” with the Senate giving its “advice and consent.” Inherent powers allow a president to respond to a crisis, such as Abraham Lincoln’s response to the Civil War or Franklin D. Roosevelt’s response to the Great Depression and World War II, says Klarman. He can also reorganize vast swaths of the executive branch and independent government agencies, including censoring mail and cracking open previously confidential information.
The remarkably short text of the Constitution leaves vast swaths of open space where presidential power can be flexibly interpreted. Competing theories have evolved over the appropriate method of interpreting the law. Some, called “originalists,” believe that the Constitution should be read literally and applied as it was originally intended by the Framers. Others, called “purposivists,” attempt to discern the original intent of the Constitution by looking at the broader context of American society and politics.
Powers of the Congress
The Constitution granted Congress a laundry list of powers that included the ability to lay and collect taxes; pay debts and borrow money; regulate commerce; coin currency; establish post offices; protect patents and copyrights; establish lower courts; declare war; and raise and support an Army and Navy. The Constitution also gave Congress the power to make all laws “necessary and proper” to carry out its enumerated powers. This is often referred to as the elastic clause and it gives Congress the authority to stretch its enumerated powers a little bit.
Every Bill passed by both Houses of Congress, and approved by the President, shall become a Law. If he disapproves of it, he shall return it with his Objections to the House in which it originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after Reconsideration two thirds of that House agree to pass it, it shall be sent to the other House, to be acted upon as provided in the Case of original Bills.
The Constitution also gives Congress the power to impeach a President or other federal official in Article II, Sections 2 and 3. Congress has the right to pass laws that restrict individual liberties. However, this power can be challenged in court and the Supreme Court will decide if the laws are constitutional.
Powers of the Judiciary
The judicial branch examines the actions of the legislative and executive branches to determine if they are consistent with the Constitution. It also has the power to declare unconstitutional any laws it deems inconsistent. This process is known as judicial review.
Judicial review gives the Supreme Court the power to rewrite laws created by Congress and deem any laws that are inconsistent with the Constitution unconstitutional. This power is a key part of constitutional law.
Some people believe that the judicial branch should not have this much power, since elected officials should run the government. Others argue that the judicial branch should have more power because it is not subject to outside pressure from voters and political party leaders, as are members of Congress. In addition, judges are appointed, not elected, and therefore are free of the pressure to please a majority of voters. They can make decisions based solely on the Constitution and the evidence presented to them. This is the basis of judicial independence. It is the only check that the judicial branch has on the other branches of the federal government.
Powers of the States
Constitutional law describes the process of determining whether a law or action by government is constitutional, meaning it is allowed and protected by the Constitution. This involves examining the details of each branch of government, and the ways they interact with one another.
States alone hold certain powers that are exclusive to them, such as the power to organize elections, set up public schools, and regulate businesses. They also share certain powers with the federal government, such as collecting taxes, enforcing laws, and punishing lawbreakers. Constitutional lawyers work to ensure that the rights of citizens and individuals are protected and enforced.
The founders were careful to include several clauses defining the relationship between the states and the federal government. For example, the Constitution requires states to give “full faith and credit” to the public acts, records, and judicial proceedings of every other state. They must also provide for the removal of fugitives from justice to other states. Congress may by law establish the manner in which this is to be done. The President shall have the power to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, and prescribe the Manner in which they shall be appointed.
Rights of the People
Constitutional law focuses on the rights and limitations spelled out in the US Constitution as well as case law that expands upon those constitutional provisions. Civil and criminal cases involving the Constitution provide lawyers with opportunities to interpret its law and establish precedents.
Constitutional lawyers work to ensure that the law is applied equally, regardless of a person’s status or circumstances. Lawyers also seek to prevent the government from taking away people’s rights. For example, the First Amendment guarantees freedom of speech and assembly. The Fifth Amendment protects against cruel and unusual punishment. The Fourteenth Amendment prohibits states from depriving a person of their life, liberty or property without due process.
The Constitution also includes laws that prohibit states from making laws that conflict with federal law. In addition, it provides protections for citizens against state governments that attempt to interfere with contracts or contractual obligations. In the US, the Constitution has been amended several times to reflect changing values. Through the amendment process, for example, individuals that were previously excluded from the broader category of “we the people,” such as women and African Americans, now enjoy equal constitutional rights.