Difference between revisions of "Constitutional supremacy"

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'''Constitutional supremacy''' is the belief that the [[United States Constitution]] is superior to all three branches of government - 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>
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'''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>
  
 
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" />

Revision as of 01:24, May 12, 2017

Constitutional supremacy is the belief that the United States Constitution is superior to all three branches of government[1] - in particular, that the Constitution is not what judges prefer it to be.[2]

The two primary tools of constitutional interpretation are the "plain meaning" rule and the "intention of the framers" rule.[2]

Constitutional supremacy is the opposite of Judicial supremacy, as judicial supremacists believe judges can remake the constitution any way they see fit.

References

  1. ↑ 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
  2. ↑ 2.0 2.1 Constitutional Interpretation