Constitutional Law

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U.S. Constitution

U.S. Constitution is the final source of authority for issues involving U.S. federal law.

• When federal laws are disputed
  • subject to scrutiny to determine whether the law is constitutional
  • if not constitutional, it is invalid
  • If the law is constitutional, it is the source of authority for its particular subject matter
• Highest source of law in the U.S.

Articles of the Constitution

• Constitution contains 7 articles
  1. Article I establishes the legislative branch
  2. Article II establishes the executive branch
  3. Article III establishes the judicial branch
  4. Article IV defines the relationship between the federal government and the governments of the states
  5. Article V creates a process for amending the Constitution itself
  6. Article VI contains the supremacy clause
     • establishes that the Constitution is the supreme law of the land
  7. Article VII sets forth the process for the initial establishment of the federal government

Amendments

• Amendment process outlined in Article V
  • requires both houses of Congress pass the amendment by 2/3 majority
  • then amendment is sent to the states for ratification
    • requires 3/4 (38/50) states to ratify
• 27 amendments
  • first 10 are known as the Bill of Rights
    • enumerate individual civil liberties protections
      • e.g., freedom of speech, freedom of assembly, and freedom of religion

State Constitutions

State constitutions are the final source of authority for issues involving state law.

• as long as it is not in conflict with U.S. constitution or federal law