Why Is Constitutional Law Important
American Constitutional Law
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In order to fix congress by imposing a term limit on the members of the senate and House of Representatives it would be necessary to amend the constitution as opposed to passing a law. Amending the constitution would be necessary versus passing a law because the constitution is the supreme law of the land and passing laws that contradict the constitution would be unconstitutional. In Marbury v. Madison, it was held that Section 13 of the Judiciary Act was unconstitutional as it purported to enlarge the jurisdiction of the Supreme Court beyond the powers granted by the constitution. The court noted that congress did not have the powers to pass laws that contradicted the …show more content…
These canons provide a common sense approach to the courts in interpreting the meaning of laws. These canons are important because they limit the ability of the courts to make legislation. There are three elements in the construction and the interpretation of legislation and these are textual canons, substantive canons and deference canons. Textual canons focus on the language of the statute and the relationship between statutory provisions. Some textual canons include plain meaning interpretation where the interpretation uses the ordinary meaning of words. Here the meaning of the statute is sought in the language in which it was framed. There is also the ejusdem generis rule which follows that where a list of specific descriptors is followed is followed by a more general descriptors, the wide meaning should be restricted to the same class of the specific …show more content…
The executive branch is administered by the president of the United States. The executive enforces laws that are passed by the legislative branch. The president is elected by citizens. The executive will not be affected by the plans to fix congress. The second branch of government is the judicial branch which is part of the federal government and includes the Supreme Court which is made up of 9 justices whose responsibility is to assist in the interpretation of laws in accordance with the constitution. There are also lower courts which hear cases involving other federal issues. The judicial branch will not be affected by the plans to fix
Name
Institutional affiliation
In order to fix congress by imposing a term limit on the members of the senate and House of Representatives it would be necessary to amend the constitution as opposed to passing a law. Amending the constitution would be necessary versus passing a law because the constitution is the supreme law of the land and passing laws that contradict the constitution would be unconstitutional. In Marbury v. Madison, it was held that Section 13 of the Judiciary Act was unconstitutional as it purported to enlarge the jurisdiction of the Supreme Court beyond the powers granted by the constitution. The court noted that congress did not have the powers to pass laws that contradicted the …show more content…
These canons provide a common sense approach to the courts in interpreting the meaning of laws. These canons are important because they limit the ability of the courts to make legislation. There are three elements in the construction and the interpretation of legislation and these are textual canons, substantive canons and deference canons. Textual canons focus on the language of the statute and the relationship between statutory provisions. Some textual canons include plain meaning interpretation where the interpretation uses the ordinary meaning of words. Here the meaning of the statute is sought in the language in which it was framed. There is also the ejusdem generis rule which follows that where a list of specific descriptors is followed is followed by a more general descriptors, the wide meaning should be restricted to the same class of the specific …show more content…
The executive branch is administered by the president of the United States. The executive enforces laws that are passed by the legislative branch. The president is elected by citizens. The executive will not be affected by the plans to fix congress. The second branch of government is the judicial branch which is part of the federal government and includes the Supreme Court which is made up of 9 justices whose responsibility is to assist in the interpretation of laws in accordance with the constitution. There are also lower courts which hear cases involving other federal issues. The judicial branch will not be affected by the plans to fix