Changes

[[Image:Constitution.jpg|thumb|right|190px|The Constitution]]

[[Image:Constitution.jpg|thumb|right|190px|The Constitution]]

'''Constitutional supremacy''' is the belief that the [[United States Constitution]] is superior to all three branches of government<ref>[https://books.google.com/books?id=CibTDQAAQBAJ&pg=PA27 The Constitution: An Introduction], ''The Constitution is supreme. It is the written Constitution that prevails over every other source of authority in the United States.'', p. 26</ref> - in particular, that the Constitution is not what judges prefer it to be.<ref name="interpretation">[https://books.google.com/books?id=JM62E-hV0jwC&pg=PA79 Constitutional Interpretation]</ref>

'''Constitutional supremacy''' is the belief that the [[United States Constitution]] is superior to all three branches of government<ref>[https://books.google.com/books?id=CibTDQAAQBAJ&pg=PA27 The Constitution: An Introduction], ''The Constitution is supreme. It is the written Constitution that prevails over every other source of authority in the United States.'', p. 26</ref> - in particular, that the Constitution is not what judges prefer it to be.<ref name="interpretation">[https://books.google.com/books?id=JM62E-hV0jwC&pg=PA79 Constitutional Interpretation]</ref>  [[Natural Law]], [[Social contract]] theory, and the written(codified) constitution are all important features that contribute to the notion of constitutional supremacy.<ref>[https://books.google.com/books?id=fjKUoIs9Ep4C&pg=PT97 The Oxford Handbook of Law and Politics]</ref>

The two primary tools of constitutional interpretation are the "plain meaning" rule and the "intention of the framers" rule.<ref name="interpretation" />

The two primary tools of constitutional interpretation are the "plain meaning" rule and the "intention of the framers" rule.<ref name="interpretation" />

Marshall correctly observes that popular sovereignty is the most fundamental of all principles, and that constitutional supremacy is a direct derivative of that sovereignty.<ref>[https://books.google.com/books?id=2Ly79RhdbgUC&pg=PA235 Human Rights, Constitutional Law and the Development of the English Legal System: Selected Essays]</ref>  Marshall frequently expounded this viewpoint, including in his most well known ruling,  [[Marbury v. Madison]].  According to Michael Stokes Paulsen, professor of law, the logic of ''Marbury'' implies "''not, as it is so widely assumed today, judicial supremacy, but constitutional supremacy - the supremacy of the document itself over misapplications of its dictates by any and all subordinate agencies created by it''".  Paulsen notes that Marshall's wording appears to be paraphrasing from [[Federalist No. 78]], where [[Alexander Hamilton]] also wrote of the supremacy of the Constitution over all branches of government, including the judiciary.<ref>[http://tenthamendmentcenter.com/2015/03/08/the-myth-of-marbury-v-madison/ The Myth of Marbury v Madison]</ref>

Marshall correctly observes that popular sovereignty is the most fundamental of all principles, and that constitutional supremacy is a direct derivative of that sovereignty.<ref>[https://books.google.com/books?id=2Ly79RhdbgUC&pg=PA235 Human Rights, Constitutional Law and the Development of the English Legal System: Selected Essays]</ref>  Marshall frequently expounded this viewpoint, including in his most well known ruling,  [[Marbury v. Madison]].  According to Michael Stokes Paulsen, professor of law, the logic of ''Marbury'' implies "''not, as it is so widely assumed today, judicial supremacy, but constitutional supremacy - the supremacy of the document itself over misapplications of its dictates by any and all subordinate agencies created by it''".  Paulsen notes that Marshall's wording appears to be paraphrasing from [[Federalist No. 78]], where [[Alexander Hamilton]] also wrote of the supremacy of the Constitution over all branches of government, including the judiciary.<ref>[http://tenthamendmentcenter.com/2015/03/08/the-myth-of-marbury-v-madison/ The Myth of Marbury v Madison]</ref>

An important aspect regarding the supremacy of a Constitution involves the amendment process and a distinction between ordinary law and extraordinary law.<ref>[http://www.tilj.org/content/journal/37/num2/Vick329.pdf The Human Rights Act and the British Constitution], p. 4, "1 the possibility of distinguishing between constitutional and other laws; 2. the legislator's being bound by the constitutional law, which presupposes special procedures for amending constitutional law, ...; and 3. An institution with the authority in the event of conflict to check the constitutionality of governmental legal acts."</ref>  Under other forms of supremacy, a Constitution is treated along the same lines as any other form of law without having its own importance or prestige.<ref>In ''Marbury', Marshall raises the Constitution up above "ordinary law" to a status of "extraordinary".</ref>

An important aspect regarding the supremacy of a Constitution involves the amendment process and a distinction between ordinary law and extraordinary law.<ref>[http://www.tilj.org/content/journal/37/num2/Vick329.pdf The Human Rights Act and the British Constitution], p. 4, "1 the possibility of distinguishing between constitutional and other laws; 2. the legislator's being bound by the constitutional law, which presupposes special procedures for amending constitutional law, ...; and 3. An institution with the authority in the event of conflict to check the constitutionality of governmental legal acts."</ref>  Under other forms of supremacy, a Constitution is treated along the same lines as any other form of law without having its own importance or prestige.<ref>In ''Marbury'', Marshall raises the Constitution up above "ordinary law" to a status of "extraordinary".</ref>

==Presidential Oath==

==Presidential Oath==

==References==

==References==

{{reflist|1}}

{{reflist|2}}

==External links==

==External links==