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Political law (or political activity law [1]) is an established legal practice area encompassing the intersection of politics and law.Political law comprises election law, voting rights law, campaign finance law, laws governing lobbying and lobbyists, open government laws, legislative and executive branch ethics codes, legislative procedure, administrative procedure, constitutional law, and ...
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
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 United States and Canada, the relationship between the central government ...
In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to the U.S. Congress, or the President of the United States, lies within the political, rather than the legal, realm to solve, and judges customarily ...
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law". [1] Political organizations are constitutional to the extent that they "contain institutionalized mechanisms of power control for the protection of ...
There are analytical theories that provide a conceptual lens through which to understand the separation of powers as realized in real-world governments (developed by the academic discipline of comparative government); there are also normative theories, [33] both of political philosophy and constitutional law, meant to propose a reasoned (not ...
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 shall not be ...
The leading 19th-century commentary on the Constitution, Justice Joseph Story's Commentaries on the Constitution of the United States (1833), likewise rejected the compact theory and concluded that the Constitution was established directly by the people, not the states, and that it constitutes supreme law, not a mere compact. [11]