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to enforce "by appropriate legislation" the Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution (a function of the Constitution's Necessary and Proper clause); [39] to propose, by a two-thirds vote, constitutional amendments for ratification by three-fourths of the states pursuant to the terms of Article V. [38]
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 ...
The basic theory of American judicial review is summarized by constitutional legal scholars and historians as follows: the written Constitution is fundamental law within the states. It can change only by extraordinary legislative process of national proposal, then state ratification.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
Constitutionalism refers to the principle that the authority of government derives from and is limited by a body of fundamental law, typically embodied in a written constitution. A constitution serves as the supreme law of the land, establishing the structure of government, defining the powers and responsibilities of state institutions, and ...
In constitutional law, the presumption of constitutionality is the legal principle that the judiciary should presume statutes enacted by the legislature to be constitutional, unless the law is clearly unconstitutional or a fundamental right is implicated. [1]
In American law, the unitary executive theory is a Constitutional law theory according to which the President of the United States has sole authority over the executive branch. [1] It is "an expansive interpretation of presidential power that aims to centralize greater control over the government in the White House". [2]
Wade, in part due to the Supreme Court finding that the right to privacy was not mentioned in the constitution, [14] leaving the future validity of these decisions uncertain. [15] Legally, the right of privacy is a basic law [16] which includes: The right of persons to be free from unwarranted publicity; Unwarranted appropriation of one's ...