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Constitutional Law and Criminal Law

In: Business and Management

Submitted By Muddy
Words 2852
Pages 12
Chapter 5

The U.S. Constitution sets the framework for the U.S. government, establishing a system of government that divides power between the federal government and the states
It establishes a system of government based on the principle of federalism, where power is divided between a central authority and constituent political units
The 10th Amendment to the Constitution states that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states
Federal legislation that affects business must be based on an expressed unconditional grant of authority
The Constitution also allocates power of the federal government among three branches of government
First three articles of the Constitution establish the legislative, executive, and judicial branches; they’re independent branches of the federal government
Constitution ensures that each branch maintains a separate sphere of power to prevent any one of them from obtaining undue power and monopolizing government control
Constitution also establishes a system of checks and balances
Each branch’s powers keep the other branches from dominating the government
Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, but early common law established a process called judicial law
Judicial law is the power of a court to review legislative and executive actions, such as a law or an official act of a government employee or agent, to determine whether they are constitutional
Established in 1803 U.S. Supreme Court case Marbury v. Madison
Also allows courts to review constitutionality of lower courts’ decisions
Supremacy clause, located in Article VI of Constitution, provides that the Constitution, laws, and treaties of the U.S. constitute the supreme law of the land...

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