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Courts established by the Constitution can regulate government under the Constitution, the supreme law of the land. [j] First, they have jurisdiction over actions by an officer of government and state law. Second, federal courts may rule on whether coordinate branches of national government conform to the Constitution.
Some of the more important powers reserved to the states by the Constitution are: the power, by "application of two-thirds of the legislatures of the several states," to require Congress to convene a constitutional convention for the purpose of proposing amendments to or revising the terms of the Constitution (see Article V). [57]
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The term "tripartite system" is commonly ascribed to French Enlightenment political philosopher Montesquieu, although he did not use such a term but referred to the "distribution" of powers. In The Spirit of Law (1748), [ 17 ] Montesquieu described the various forms of distribution of political power among a legislature , an executive , and a ...
By using these words, the Constitution does not require the president to personally enforce the law; rather, officers subordinate to the president may perform such duties. The Constitution empowers the president to ensure the faithful execution of the laws made by Congress and approved by the President.
A constitutional institution, constitutional body or constitutional organ is a government institution created by a constitution.As these institutions derives its powers, duties and responsibilities directly from the constitution, which is harder to be amended by legislature compared to sub-constitutional laws, their status is rather more stable and independent than institutions created by sub ...
The principles from the French Declaration of the Rights of Man and of the Citizen still have constitutional importance.. Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the ...
This form of limited sovereignty (commonly called "dual sovereignty" or "separate sovereigns" in the language of constitutional law) is derived from the 10th Amendment to the Constitution, which states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States ...