20 Crucial Questions About Constitutional Law: Simplified Answers

General Constitutional Law

What is constitutional law?

Constitutional law governs the interpretation and implementation of a country’s constitution, outlining the structure of government and citizens’ rights.

What is the purpose of a constitution?

To establish the framework of government, define the separation of powers, and protect individual rights.

What are the branches of government defined in constitutional law?

The legislative branch (makes laws), executive branch (enforces laws), and judicial branch (interprets laws).

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What is the rule of law?

A doctrine that puts everybody, including those in the government, under the law.

Basic Rights

What are basic rights?

Fundamental rights accorded by the constitution, for instance, freedom of speech, religion, and equality before the law.

What is the Bill of Rights?

That part of the U.S. Constitution (the first 10 amendments) guaranteeing specific freedoms and protections to individuals.

What is due process?

A constitutional guarantee that the legal proceedings will be fair and that a person will receive notice and an opportunity to be heard.

What is equal protection under the law?

A principle which ensures that all people will be treated alike in the same way without favoritism or prejudice.

Separation of Powers

What is separation of powers?

A system where government powers are divided between the legislative, executive, and judicial branches in order to avoid its abuse.

What are checks and balances?

Mechanisms that give each branch of government the authority to check and balance the others, so none can become supreme over the other branches.

Judicial review: 

The power of courts to determine whether a law or action of the executive branch is constitutional.

Federalism:

A system of government whereby powers are distributed between a central authority and the regional governments; an example of such a government would be a states’ system of government.

Government Authority

Enumerated Powers:

Powers specifically granted by the constitution to the federal government.

Implied Powers:

Powers not granted in the constitution but are “necessary and proper” to perform enumerated powers, for example

What is the supremacy clause?

A clause indicating that the constitution and federal laws supersede state laws.

What is the commerce clause?

A provision giving Congress the power to regulate trade among states and with foreign nations

Rights and Liberties

What is the First Amendment?

It guarantees freedoms of speech, religion, press, assembly, and petition in the U.S. Constitution.

What is the Fourth Amendment?

It protects against unreasonable searches and seizures, requiring warrants based on probable cause.

What is the Fifth Amendment?

It protects against self-incrimination, double jeopardy, and ensures due process and just compensation for takings.

What is the Fourteenth Amendment?

It guarantees equal protection under the law, extends due process to state actions, and defines citizenship.

These reduced answers provide a basic framework of constitutional law.