balladeer of moons
174,259 poems read
An Introduction to Constitutional Law
The Constitution was not made for one generation, but for all generations. It was intended
for posterity and has not failed as of yet. It is the world’s oldest written constitution, older
than even India’s. It should be read again and again, like the Bible in
order to be fully understood. Generally, constitutional law deals with the interpretation
and putting into effect of the national document known as the Constitution. As it is the
case that the United States is founded upon the constitution, constitutional law deals with
some of the most basic relationships within our society.
This includes relationships among the states, the states and the federal government, the
three branches of the federal government, and the rights and civil liberties of individuals.
The Constitution is not a static document. It is always evolving to stay current with
contemporary problems. As such, it is constantly being reviewed and scrutinized by the
highest branch of the judiciary, the Supreme Court. New rulings seen in different lights
and from different perspectives keep the Constitution viable and dynamically relevant to
today’s demands. While the area of constitutional law also covers the interpretation of
state constitutions, the term “constitutional law” is usually understood as referring to the
U.S. Constitution. The United States Constitution is the basis for all forms of
constitutional law. All legal subjects that deal with an individual’s constitutional
rights, as well as the infringements of these rights, are embraced within constitutional
law.
The Constitution reveals our past and gives indicators of future trends. It can be baffling
but is still a reflection of our values as a country.
The Constitution establishes the three branches of the federal government and outlines
their powers. Article I establishes the House of Representatives and the Senate. Section 8
enumerates the powers of Congress. Congress has specifically used its power to regulate
commerce (the commerce clause) with foreign nations and among the states to enact
broad and powerful legislation throughout the nation (www.law.cornell.edu). The
sixteenth Amendment gives Congress the power to collect a national income tax without
apportioning it among the states (Ibid.).
When the Supreme Court evaluates a case dealing with constitutional law, the acting
justice will write opinions or deliver judgments based on his interpretation of the United
States Constitution. Not every state or region possesses a constitution; however, areas
with an affirmed legal code possess some sort of framework to shed light upon the law of
the land. (Ibid.). In its essence, a constitution not only delivers the individual citizen’s
basic rights
and liberties, but balances the power of governmental relationships through a system of
checks and balances (Ibid.). The United States Constitution, for example, balances the
powers between the legislature, the judiciary and the executive bodies under the broad
heading of the federal government.
The field of constitutional law is flexible; constitutional law has been amended through
various Supreme Court decisions. In its original form, the United States constitution
possessed seven articles. These articles are still listed; however, since the ratification of the
United States Constitution, 27 additional amendments have been added. When the United
States Constitution is amended, the interpretive laws within the framework are effectively
restructured to better fit contemporary times. That being said, the ability to amend the
constitution is difficult; since the initial construction of the United States Constitution,
over 10,000 amendments have been proposed and subsequently shot down (Congressional
Quarterly.com, Thomas J. Walker, “Constitutional Law for a Changing America:
Institutional Powers and Constraints,” 2001).
The animating spirit of the Constitution is to bring about and secure justice and liberty.
This is its informing intention. Should the specific intent of the framers dictate all future
interpretations? Schools of thought differ but originalists or purists hold to a stricter
construction in their interpretation as to such issues as “equal protection” or the “right to
bear arms,” for instance. Non-originalists hold closer to Natural law, precedent, and the
presiding issues of the moment. Good conscience and faithful interpretation will
remain the guiding principles in all judicial review of a most lasting and relevant document
(www.law2.umkc.edu).
The Judiciary should feel free to offer its interpretations in the making of constitutional
law independent of political influences. As Hamilton stated, “the judiciary acts as an
excellent barrier to the encroachments and oppressions of the representative body and is
peculiarly essential to the safeguarding of liberty.” In this way the Constitution can as
nearly approach immortality as is possible for a humanly-made institution.
Sources
www.law.cornell.edu
www.law2.umkc.edu
Congressional Quarterly.com
The Constitution was not made for one generation, but for all generations. It was intended
for posterity and has not failed as of yet. It is the world’s oldest written constitution, older
than even India’s. It should be read again and again, like the Bible in
order to be fully understood. Generally, constitutional law deals with the interpretation
and putting into effect of the national document known as the Constitution. As it is the
case that the United States is founded upon the constitution, constitutional law deals with
some of the most basic relationships within our society.
This includes relationships among the states, the states and the federal government, the
three branches of the federal government, and the rights and civil liberties of individuals.
The Constitution is not a static document. It is always evolving to stay current with
contemporary problems. As such, it is constantly being reviewed and scrutinized by the
highest branch of the judiciary, the Supreme Court. New rulings seen in different lights
and from different perspectives keep the Constitution viable and dynamically relevant to
today’s demands. While the area of constitutional law also covers the interpretation of
state constitutions, the term “constitutional law” is usually understood as referring to the
U.S. Constitution. The United States Constitution is the basis for all forms of
constitutional law. All legal subjects that deal with an individual’s constitutional
rights, as well as the infringements of these rights, are embraced within constitutional
law.
The Constitution reveals our past and gives indicators of future trends. It can be baffling
but is still a reflection of our values as a country.
The Constitution establishes the three branches of the federal government and outlines
their powers. Article I establishes the House of Representatives and the Senate. Section 8
enumerates the powers of Congress. Congress has specifically used its power to regulate
commerce (the commerce clause) with foreign nations and among the states to enact
broad and powerful legislation throughout the nation (www.law.cornell.edu). The
sixteenth Amendment gives Congress the power to collect a national income tax without
apportioning it among the states (Ibid.).
When the Supreme Court evaluates a case dealing with constitutional law, the acting
justice will write opinions or deliver judgments based on his interpretation of the United
States Constitution. Not every state or region possesses a constitution; however, areas
with an affirmed legal code possess some sort of framework to shed light upon the law of
the land. (Ibid.). In its essence, a constitution not only delivers the individual citizen’s
basic rights
and liberties, but balances the power of governmental relationships through a system of
checks and balances (Ibid.). The United States Constitution, for example, balances the
powers between the legislature, the judiciary and the executive bodies under the broad
heading of the federal government.
The field of constitutional law is flexible; constitutional law has been amended through
various Supreme Court decisions. In its original form, the United States constitution
possessed seven articles. These articles are still listed; however, since the ratification of the
United States Constitution, 27 additional amendments have been added. When the United
States Constitution is amended, the interpretive laws within the framework are effectively
restructured to better fit contemporary times. That being said, the ability to amend the
constitution is difficult; since the initial construction of the United States Constitution,
over 10,000 amendments have been proposed and subsequently shot down (Congressional
Quarterly.com, Thomas J. Walker, “Constitutional Law for a Changing America:
Institutional Powers and Constraints,” 2001).
The animating spirit of the Constitution is to bring about and secure justice and liberty.
This is its informing intention. Should the specific intent of the framers dictate all future
interpretations? Schools of thought differ but originalists or purists hold to a stricter
construction in their interpretation as to such issues as “equal protection” or the “right to
bear arms,” for instance. Non-originalists hold closer to Natural law, precedent, and the
presiding issues of the moment. Good conscience and faithful interpretation will
remain the guiding principles in all judicial review of a most lasting and relevant document
(www.law2.umkc.edu).
The Judiciary should feel free to offer its interpretations in the making of constitutional
law independent of political influences. As Hamilton stated, “the judiciary acts as an
excellent barrier to the encroachments and oppressions of the representative body and is
peculiarly essential to the safeguarding of liberty.” In this way the Constitution can as
nearly approach immortality as is possible for a humanly-made institution.
Sources
www.law.cornell.edu
www.law2.umkc.edu
Congressional Quarterly.com