A constitution is a fundamental document or set of principles that establishes the framework for government, delineates the structure of political institutions, and defines the rights and duties of citizens. Constitutions serve as the supreme law of the land, providing the foundation for the legal and political system of a country or organization. They typically outline the organisation and powers of the government branches, establish the system of checks and balances, and guarantee fundamental rights and freedoms to individuals. Constitutions may also address matters such as citizenship, elections, the rule of law, and the procedures for amending the document itself. Constitutions can take various forms, including written or unwritten, flexible or rigid, and codified or uncodified, depending on the historical, cultural, and legal traditions of the jurisdiction in which they operate.
n. the fundamental, underlying document that establishes the government of a nation or state. The U.S. Constitution, originally adopted in convention on September 17, 1787, ratified by the states in 1788, and thereafter amended 27 times, is the prime example of such a document. It is the basis for all decisions by the U.S. Supreme Court (and federal and state courts) on constitutionality. The case of Marbury v. Madison (1803) firmly established the power of the Supreme Court to strike down federal statutes it found unconstitutional, making the Supreme Court the final arbiter of constitutional interpretation. The “equal rights” provision of the 14th Amendment established that the rights in the first ten amendments (“Bill of Rights”) applied to state governments. Unfortunately, state constitutions have gathered tremendous amounts of detail by amendment over the years, and it is more difficult to “fine-tune” state constitutions by further amendment than it is to enact statutes (pass new laws). However, state courts are bound by their state’s constitution on fundamental issues. The so-called English constitution is an unwritten body of legal customs and rights developed by practice and court decisions from the 11th to the 18th centuries.
1. A document setting out a state’s basic legal framework and, quite often, limiting and defining the powers of government.
See also: written constitution.
2. In a trust, the constitution consists of transferring the trust property’s legal title from the settlor or testator to the trustee.
See also: constitution of trusts.
The Constitution is the supreme law of the land in the United States. It establishes the framework for the government and outlines the rights and freedoms of the people.
The Constitution was created through a series of meetings and debates known as the Constitutional Convention, held in Philadelphia in 1787. The delegates drafted the Constitution, which was later ratified by the states.
The Constitution protects various rights, including freedom of speech, religion, and the press; the right to bear arms; the right to a fair trial; protection against unreasonable searches and seizures; and protection against cruel and unusual punishment, among others.
Yes, the Constitution can be amended. The amendment process is outlined in Article V of the Constitution, which requires approval by two-thirds of both houses of Congress and ratification by three-fourths of the states.
There are currently 27 amendments to the Constitution. The first ten amendments, known as the Bill of Rights, were added shortly after the Constitution was ratified.
Yes, the Constitution can be subject to different interpretations. The Supreme Court plays a crucial role in interpreting the Constitution and resolving disputes over its meaning.
While certain rights may be limited during times of emergency, the Constitution itself cannot be suspended. The government must still operate within the framework and principles outlined in the Constitution.
No, the Constitution cannot be changed through executive orders alone. Executive orders are directives issued by the President to manage the operations of the federal government, but they cannot override or amend the Constitution.
Technically, the Constitution can be repealed, but the process is extremely difficult. It would require a new constitutional convention or a two-thirds majority vote in both houses of Congress, followed by ratification by three-fourths of the states. Repealing the Constitution is highly unlikely and has never been done before.
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This glossary post was last updated: 10th April, 2024.
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