The Supreme Law of the Land - WHAT IS CONSTITUTIONAL LAW?
21 important questions on The Supreme Law of the Land - WHAT IS CONSTITUTIONAL LAW?
What does constitutional law encompass?
- the U.S. Constitution
- each state’s constitution
- it defines government structure and individual relations
- protects liberties
- addresses government powers
What is the significance of the U.S. Constitution's length and amendments?
- has under 4,400 words
- is divided into seven articles
- the Bill of Rights contains the first ten amendments
- has seventeen additional amendments
How does constitutional law differ from other law bodies?
- It addresses government structure not individual relations.
- It relies on a single text: the Constitution.
- It often raises controversial political issues.
- Judicial power and interpretation are more contested.
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What challenges arise from interpreting the Constitution?
- the vagueness of the text
- various interpretations required
- divergence from apparent meanings
- specific issues demanding extensive interpretation
How do the processes of law-making vary in constitutional law?
- clear decision processes
- contested appropriateness of judicial power
- non-transparent decision-making in contrast to legislative processes.
- questions about judicial authority
What are the primary focuses of constitutional law discussed in the chapter?
- structure of federal government
- organization into three branches
- limits on government powers
- principles of federalism
How do state constitutions compare to the U.S. Constitution?
- state constitutions are longer and more detailed
- they can be amended more frequently
- include unique provisions reflecting specific state concerns
- bills of rights may be more comprehensive
What factors contribute to the length of state constitutions?
- State general authority to govern.
- Detailed limitations on power.
- Inclusion of non-fundamental issues.
- More frequent amendments than the federal Constitution.
What do state bills of rights contribute to individual rights?
- detailed provisions extending federal rights
- articulation of additional rights not found federally
- enable state court interpretations to expand rights.
How has judicial focus shifted with state constitutions?
- increased use of state constitutional law
- engagement in issues like search and seizure rights
- states defining rights independently from federal courts.
What example illustrates the difference between state and federal interpretations of rights?
- in California v. Greenwood, no privacy in trash.
- in State v. Hempele, affirmed privacy rights in New Jersey.
- highlights independent state court responsibility.
What does constitutional law primarily involve?
- Interpretation and application of the U.S. Constitution
- State constitutions also play a role
- Contains fewer than 4,400 words in the U.S. Constitution
- Seven short parts called articles
When was the U.S. Constitution drafted and amended?
- Drafted in 1787
- Bill of Rights added in 1791
- Seventeen amendments added since then
- Few Americans read the whole Constitution
Why is constitutional law considered unique?
- It doesn't address individual relations like other laws
- Defines government structure and individual relations
- Superior to other bodies of law
- Proclaims itself as the "supreme Law of the Land"
How does constitutional law differ from other bodies of law?
- Based on a single source: the Constitution
- Refers to a narrow text
- Addresses a broad range of situations
- Text can be vague and require interpretation
What fundamental issues does constitutional law raise?
- Raises important political issues
- More controversial value choices
- Explicitly political compared to other law areas
- Noncontroversial issues are rare
What is unique about the judicial processes in constitutional law?
- Courts interpret constitutional text
- Decisions made by appointed justices
- Supreme Court justices serve for life
- Power of courts is contested unlike other law areas
How do state constitutions compare to the federal Constitution?
- Typically longer and more detailed
- Alabama's constitution is over 600 pages
- State constitutions limit rather than grant power
- Often amended more frequently
Why do state constitutions often include detailed provisions?
- Have general governance authority
- Limitations stated specifically
- Address particular state concerns
- Include non-fundamental issues as well
What role do state bills of rights play?
- More detailed and significant than federal counterpart
- Often precede the main body of the constitution
- Include protections similar to those in the federal Bill
- Some rights not guaranteed by the federal Constitution
What is meant by “the new judicial federalism”?
- Increased focus on state constitutional law
- Lawyers and public seeking rights protection from state courts
- States applying constitutions independently
- Expanded rights beyond federal definitions
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