American Constitutional Law

The broad topic of constitutional law deals with the interpretation and implementation of the U.S. Constitution. As the Constitution is the foundation of the U.S., constitutional law deals with some of the fundamental relationships within our society, including relationships among the states, between the states and the federal government, and among the three branches of the federal government (executive, legislative and judicial), and the rights of an individual in relation to both federal and state government. The Supreme Court has played a crucial role in interpreting the Constitution. Consequently, the study of constitutional law focuses heavily on Supreme Court rulings. While constitutional law also covers the interpretation and implementation of state constitutions, it usually is understood as referring to the federal Constitution.

Articles of the Constitution

The Constitution establishes the three branches of the federal government and enumerates their powers. Article I establishes the House of Representatives and the Senate. Section 8 of Article I enumerates the powers of Congress. Congress has specifically used its power to regulate commerce (the Commerce Clause) with foreign nations and among the states.

Article II establishes the presidency and the executive branch of the government. The powers of the president are not as clearly enumerated as those of Congress. The president is vested with the "executive" power by Section 1. Section 2 establishes the president as the "commander and chief" and grants him the power to give pardons, except in cases of impeachment, for offenses against the U.S. Section 3 provides the power to make treaties (with the advice and consent of two-thirds of the Senate) and nominate ambassadors, ministers, justices of the Supreme Court and all other officers of the U.S.

Article III defines the role of the Supreme Court and the rest of the judicial branch.

The first section of Article IV contains the Full Faith and Credit Clause. This clause provides that each state must recognize the public acts (laws), records and judicial proceeding of the other states. The article also guarantees that a citizen of a state is entitled to the "privileges and immunities" of every other state.

Article V details the procedures to amend the Constitution.

Article VI states that the "Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all treaties made or shall be made, under the Authority of the United States, shall be the Supreme Law of the Land." Furthermore, all federal, state and local officials must take an oath to support the Constitution. This means that state governments and officials may not take actions or pass laws that interfere with the Constitution, laws passed by Congress or treaties. The Constitution was interpreted, in 1819, as giving the Supreme Court the power to invalidate any state action that interferes with the Constitution and the laws and treaties passed pursuant to it. That power is not explicitly set out in the Constitution but was declared to exist by the Supreme Court in the decision of McCulloch v. Maryland.

The power of the federal government is not absolute. The 10th Amendment specifically states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Constitutional Amendments

The first 10 amendments, called the Bill of Rights, were enacted in 1791 to provide a check on the new federal government. The first eight amendments provide protection of some of the most fundamental rights of the individual. For example, the First Amendment protects the fundamental civil rights of free speech, press and assembly.

Subsequent amendments have broadened the protection of an individual’s rights. The 13th Amendment outlaws slavery. The 14th Amendment prohibits the states from abridging "the rights and immunities" of any citizen without due process of law. The Supreme Court has interpreted the Due Process Clause as protecting citizens from interference by the state with almost all of the rights listed in the first eight amendments. The exceptions are the right to bear arms (Second Amendment), the guarantee of a grand jury in criminal prosecutions (Fifth Amendment) and the right to a jury for a civil trial (Seventh Amendment). The 14th Amendment also guarantees the equal protection of the laws. The right to vote is protected by the 15th Amendment ("right to vote shall not be denied ... on account of race"), the 19th Amendment (guaranteeing the right to vote regardless of sex) and the 24th Amendment (extending the right to vote to those who are at least 18 years of age).

Last update: Oct. 2, 2008

The content on this page was developed in partnership with the Legal Information Institute, Cornell Law School.