Overview

The “Supreme Law of the Land.” It sets the rules for the game of government. If a law conflicts with the Constitution, the law dies.

Core Idea

Separation of Powers: To prevent tyranny, power is split into three branches:

  1. Legislative: Makes laws (Congress).
  2. Executive: Enforces laws (President).
  3. Judicial: Interprets laws (Courts).

Formal Definition (if applicable)

Judicial Review: The power of courts to declare laws unconstitutional. (Established in Marbury v. Madison).

Intuition

The Constitution is a contract between the people and the government. It says: “You can do X, Y, and Z, but you absolutely cannot do A, B, or C.”

Examples

  • First Amendment: Freedom of speech, religion, and press.
  • Due Process: The government can’t take your life, liberty, or property without a fair procedure (trial).
  • Federalism: Power is shared between the national government and the states.

Common Misconceptions

  • “The Constitution gives us rights.” (The Bill of Rights protects pre-existing rights from the government. It assumes we already have them.)
  • “It never changes.” (It has been amended 27 times).
  • Originalism: Interpreting the text as it was understood when written.
  • Living Constitution: Interpreting the text in the context of modern times.
  • Checks and Balances: Each branch can limit the others (Veto, Impeachment).

Applications

  • Civil Rights: Brown v. Board of Education (ended segregation).
  • Privacy: Roe v. Wade (abortion rights, later overturned).

Criticism / Limitations

It’s old. Written by men who owned slaves and rode horses. Does it apply to the internet?

Further Reading

  • Chemerinsky, Constitutional Law
  • Amar, America’s Constitution: A Biography