What is Constitutional Law?
Constitutional law is the set of rules of law that totally define a state’s government structure, its powers, and its fundamental rights with its duties of its citizens, acting as the supreme law that guides all other laws and controls the exercise of public power, ensuring a framework for democracy and limited government. It also defines how the government works, limits government power, and protects individual rights.
It interprets a nation’s constitution (whether it is written or unwritten to) govern interactions between state institutions (executive, legislature, judiciary) and individuals, often involving judicial review to strike down conflicting actions.
Types of Constitutional Powers
Delegated Powers
Delegated powers are those expressly granted to the federal government by the Constitution, such as regulating interstate commerce, coining money, and conducting foreign affairs.
Reserved Powers
Reserved powers are not granted to the federal government and are therefore retained by the states or the people. These powers form the foundation of state authority under the Tenth Amendment.
Concurrent Powers
Concurrent powers are shared by both the federal and state governments. Examples include taxation, law enforcement, and the establishment of courts.
Implied Powers
Implied powers are not explicitly stated in the Constitution but are inferred from delegated powers through the Necessary and Proper Clause.
Federalism in the United States
Federalism is the constitutional system in which power is divided between two levels of government: the federal government and the states. Rather than concentrating authority in a single body, the U.S. Constitution creates a shared system of governance.
Key features of U.S. federalism include:
Division of legislative, executive, and judicial authority
Independent powers for states and the federal government
Constitutional limits on both levels of government
Federalism ensures that local matters remain under state control while national concerns are addressed at the federal level.