What Is the Constitutional Law

Not all of us are aware and are equipped with intricate knowledge of the complexities of the law. However, as the legal saying goes, Ignorancia legis neminem excusat (ignorance of the law excuses no one), it is incumbent upon every citizen or sojourner to take cognizance of the law of their respective state or of the state where they sojourn in. For that reason, it is of primary importance to know what the constitutional law is.

Constitutional law is basically that branch of law that deals with application, implementation and the study of the basic foundation or legal framework of a state's primary law called the constitution. As such, it covers the creation and structure of the government and the delegation of the powers and authority of each governmental unit. Moreover, it also prescribes the limits on how these powers should be exercised.

The constitution provides the framework of the government of the state. Under the United States Constitution, the federal government is composed of three branches. These are the executive, legislative and judicial branches of the government. The powers of each branch are distinct from one another and are designed to check and balance the exercise of each department's powers. While the specific powers are expressly enumerated in the constitution, the powers that individual states can no longer exercise are also spelled out.

Ideally, every government officials and legislators should have mastery of what the constitutional law is. The U.S. Constitution contains procedures on how the lawmaking process works. It also dictates the steps and methods of amending the provisions of the constitution. These processes should be followed strictly to the word in order to achieve due process.

In the study of constitutional law, it is very important to take note that the constitution is not always absolute. Citing the provisions of the tenth Amendment, "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." While it is true that the power of the people to promulgate laws is exercised through the symbolic representation of elected legislators, it is still possible that the people as a whole can change or amend the fundamental law through mass concerted action.

By knowing what the constitutional law is, we will be able to understand the scope of the government's powers and an individual's basic rights as well. These rights will counterbalance the power of the state to deprive a person of his right to life, liberty and property through its expansive police power. The Bill of Rights also states the respective political rights of every citizen aside from their basic rights.

For more information on constitutional law, click on the following links:

> What is the Constitutional Law?

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