The Constitutional is centered around power and where that power comes from. The enumerated powers established in Article 1, Section 8 have also given Congress the power to carry out laws in order to follow previously established powers. Governments stretch and bend problems in such a way that they will fit under the enumerated powers of the Constitution. All the enumerated powers have a list of adjunct statute not stated in the strict interpretation of the power. The Necessary and Proper Clause authorizes Congress to pass laws and the adoption of theses laws prompt questions. Examples of questions would be: “How strong must the means-end connection between the primary policy and the secondary rule be?” or “ What are the side effects of this law and how does it impact society?” Laws passed under the clause are placed under judicial review which determines if it applies under the Constitution.
Constitution ~ a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.
A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to
The Constitution is a set of basic principles and laws that states the power and duties of the government, and is still used today. The Constitution limited the power of the national government and protected the rights of the people
1. A constitution is a charter that both establishes a government and delineates fundamental rights and obligations of that government and of individuals who fall within the territory covered by the constitution. The Constitution of the U.S. provided for a federal union of the states and a federal government divided into three branches (legislative, judicial, and executive) to operate the union. The fundamental rights of the Constitution are known as the Ten Amendments, which make up the Bill of Rights. The Constitution gives the government limited power and describes what they can and cannot do, how to govern the legal system, and give rights to citizens.
A Constitution serves to establish a government, and act as a guide and a reference. It encapsulates the ideals of a citizenry, and delegates powers to a central government. Federal and state governments utilize distinct Constitutions tailored to the specific needs and challenges of governing at the national and local levels.
The United States Constitution is an outline of the laws and principles that define the rights of American citizens and sets limits on what the government can do by organizing the branches of government. The legislative branch creates the law; the executive branch enforces the law and the judicial branch decides if the law follows the constitution. There are on-going debates about what The Constitution writers meant and what rights are given. From the beginning its writers debated how the details would be framed.
The Constitution of the United States is a supreme law. It is a law written by founders of the United States to grant us freedoms which at the time were not enjoyed by any other country in the world. We set in motion ideas to change the world and help
“Rule of Law”, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, of prerogative ,or even wide discretionary authority on the part of government.” (THE LAW OF CONSTITUTION 198 (8th ed.)
The purpose of the United States constitution is to have a stable and flexible country. The Constitution has three main functions. First it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. Second, it divides power between the federal government and the states. And third, it protects various individual liberties of American citizens (history.com).
The rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth century, academics, politicians and judges have proposed diverse definitions and explanations in regards to the rule of law and the role it upholds in the UK constitution.
As mentioned in the text “Law is a body of rules established by government officials that bind government, individuals, and nongovernment organization.” These rules were established to maintain stability and justice. The five sources of law are common law, constitutional law, legislation, executive orders and administrative law. Common law is judge made and is grounded in tradition and previous judicial decisions, instead of in written laws. It was a tradition beginning in England as the United States had former ties to England, they were influenced by it. Constitutional law is the body of law that comes out of the courts in cases involving the interpretation of the constitution. The highest court is the Supreme Court.
to the law. The rule of law often is stated to be one of the
Laws concerned with the powers and functions of the executive branch of the government, its organizations, their inter-relations with each other, citizens and the non-governmental entities. The intention of administrative law is to provide for a legal framework for regulating the powers, procedures and acts of public administration.
Constitution is the basic principles and laws of a nation, state or social groups that determine the powers and duties of the government and guarantee certain rights to the citizen (Merriam-Webster online dictionary, n.d). In other words, it is a set of guidelines for a government to exercise the given power.