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v. t. e. Constitutionalism in the United States is a basic value espoused by political parties, activist groups and individuals across a wide range of the political spectrum, that the powers of federal, state and local governments are limited by the Constitution of the United States and that the civil and political rights of citizens should not ...
- United States Congress
The United States Congress is the legislature of the federal...
- Enclave Clause
Article One of the Constitution of the United States...
- United States Congress
The Constitution of the United States is the supreme law of the United States. [3] It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the national frame and constrains the powers of the federal government.
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- Definition
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Constitutionalism has prescriptive and descriptive uses. Law professor Gerhard Caspercaptured this aspect of the term in noting, "Constitutionalism has both descriptive and prescriptive connotations. Used descriptively, it refers chiefly to the historical struggle for constitutional recognition of the people's right to 'consent' and certain other r...
Fundamental law and legitimacy of government
One of the most salient features of constitutionalism is that it describes and prescribes both the source and the limits of government powerderived from fundamental law. William H. Hamilton has captured this dual aspect by noting that constitutionalism "is the name given to the trust which men repose in the power of words engrossed on parchment to keep a government in order." Moreover, whether reflecting a descriptive or prescriptive focus, treatments of the concept of constitutionalism all d...
Civil rights and liberties
Constitutionalism is not simply about the power structure of society. It also asks for a strong protection of the interests of citizens, civil rights as well as civil liberties, especially for the social minorities, and has a close relation with democracy.The United Kingdom has had basic laws limiting governmental power for centuries. Historically, there has been little political support for introducing a comprehensive written or codified constitution in the UK. However, several commentators...
Legal scholar Jeremy Waldroncontends that constitutionalism is often undemocratic: Constitutionalism has also been the subject of criticism by Murray Rothbard, who attacked constitutionalism as being incapable of restraining governments and not protecting the rights of citizens from their governments:
Used descriptively, the concept of constitutionalism can refer chiefly to the historical struggle for constitutional recognition of the people's right to "consent" and certain other rights, freedoms, and privileges.On the other hand, the prescriptive approach to constitutionalism addresses what a constitution should be. Two observations might be of...
Gebeye, Berihun Adugna (2021). A Theory of African Constitutionalism. Oxford University Press.Möller, Kai (2012). The Global Model of Constitutional Rights, ISBN 0199664609, ISBN 9780199664603Oxford University Press.Sandefur, Timothy (2008). "Constitutionalism". In Hamowy, Ronald (ed.). The Encyclopedia of Libertarianism. Thousand Oaks, CA: SAGE; Cato Institute. pp. 100–103. doi:10.4135/9781412965811.n65. ISBN...Waluchow, Wil. "Constitutionalism". In Zalta, Edward N. (ed.). Stanford Encyclopedia of Philosophy.MJC Vile Constitutionalism and the Separation of Powers(1967, Indianapolis: Liberty Fund, 1998) Second edition.Text Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The hand-written copy of the proposed articles of amendment passed by Congress in 1789, cropped to show just the text ...
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three ...
