Constitutional laws include those outlined in the American Constitution and subsequently in the Bill of Rights and the Eleventh to Twenty-Seventh Amendments to the Constitution. Constitutional laws address how the United States government is structured, run, and appraised. Separation of Powers, for instance, is a constitutional law that posits a three-branched government system, where power is spread out over judicial, executive, and legislative branches in order to prevent any one government body or employee garnering too much control. Constitutional laws also identify the rights of American citizens, most of which are included in the Bill of Rights. The Bill of Rights was added to the Constitution several years after the Constitution was signed and later incorporated in all states via the Fourteenth Amendment. The Bill of Rights includes some of the most commonly cited rights, such as freedom of speech, press, and religion, in addition to some of the most controversial American rights, such as the right to bear arms. The Bill of Rights also includes the Eighth Amendment, which prohibits cruel and unusual punishments for capital crimes. Interpretation of the Eighth Amendment continues to be a source of debate among legislators and lawmakers, who must address current behavioral standards to determine whether the death penalty is considered cruel or unusual as a form of punishment. Interpreting the Constitution is the responsibility of the Supreme Court, which is the judicial branch of the United States government. Cases that come into conflict with the Constitution, including the Bill of Rights and all subsequent amendments, are often brought before the Supreme Court.
Congress may suggest the death penalty – also known as capital punishment – for individuals found guilty of murder or any other capital crime. Prior to the 1960s, interpreters of the Constitution believed that the Fifth and Eighth Amendments, both of which are included in the Bill of Rights, allowed capital punishment. The Fourteenth Amendment, […]
The United States Constitution was signed on September 17, 1787 by delegates at a Constitutional Convention in Philadelphia, chaired by George Washington. The Constitution included a set of fundamental laws and also laid out how the federal government was to be structured and run. The Bill of Rights, including the first ten amendments to the […]
Charles-Louis de Secondat, an eighteeth-century French Baron and philosopher, came up with the term “separation of powers.” His book on political theory titled, Spirit of the Laws was widely influential, even inspiring some of the United States Constitution. Separation of powers refers to how authority is spread out into three powers: executive, legislative, and judicial. […]
The American Constitution, with its twenty-seven amendments, is the foundation for the United States Government and the American legal system. It identifies the three branches of law and the delineated powers that each of those branches possess. But to most people, it describes the characteristic set of rights and freedoms that are offered to all […]
In the United States, freedom of speech and freedom of the press are fundamental rights, as outlined in the First Amendment to the American Constitution that came into effect in 1791. These rights are also protected by state constitutions and laws that exist at both the federal and state levels, although they are not considered […]
In the First Amendment to the American Constitution, freedom of religion is guaranteed as a fundamental right for citizens and permanent residents of the United States. Having freedom of religion means not only having complete freedom to hold any spiritual belief or opinion, but also being able to openly practice religious duties, such as fasting […]
The Second Amendment to the United States Constitution, included in the Bill of Rights, gives all Americans the fundamental right to keep and bear arms. This includes both ammunition and firearms. In practice, this right is governed by laws at both the federal and state levels. Federal laws are enforced by the Bureau of Alcohol, […]