Constitutional Law Flashcards, test questions and answers
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What is Constitutional Law?
Constitutional Law is a body of law that is based on the United States Constitution and its Amendments. It is the foundation upon which all other laws in the United States are built. Constitutional Law governs how both state and federal governments function, as well as individuals’ rights and responsibilities under those governments.One important part of Constitutional Law pertains to separation of powers between branches of government. This means that each branch has certain roles and responsibilities, with checks and balances to make sure no one branch becomes too powerful over another. The legislative branch makes laws, the executive branch enforces them, and the judicial branch interprets them when cases come before it for resolution. Another cornerstone of Constitutional Law involves individual rights guaranteed by our nation’s founders in the Bill of Rights. These include freedom of speech, religion, assembly, press, petitioning for governmental redress of grievances; protection from unreasonable search or seizure; right to bear arms; right against compelled self-incrimination; double jeopardy protections; cruel & unusual punishment prohibitions; due process clauses guaranteeing life liberty or property interests not be taken away without due process (fairness) under law; equal protection clauses prohibiting discrimination based on race gender etc.; among others. Finally Constitutional Law also covers issues such as Article V amendments procedures used to add change or repeal parts of our constitution-including what must happen if an amendment proposed by Congress is rejected by three fourths majority states ratifying conventions called for in Article V process required for proposing amending US Constitution ; In addition there are several other areas covered within constitutional law including Congressional power over commerce clause taxation clause spending clause necessary & proper clause treaties immigration naturalization interstate compacts full faith & credit obligations among other things . In conclusion Constitutional Law provides us with a framework from which we can understand how our government works as well as protecting our individual rights as citizens living in this great nation.