Difference between revisions of "Constitutional supremacy"
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Constitutional supremacy is the opposite of [[Judicial supremacy]], as judicial supremacists believe judges can remake the constitution any way they see fit. | Constitutional supremacy is the opposite of [[Judicial supremacy]], as judicial supremacists believe judges can remake the constitution any way they see fit. | ||
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| + | ==Presidential Oath== | ||
| + | One example of constitutional supremacy is the presidential [[Oath of Office]], found in Article II, Section One, Clause 8 of the United States Constitution.<ref>[https://books.google.com/books?id=xfkJRm6VCQ0C&pg=PA177 America's Constitution: A Biography]</ref> The oath reads: | ||
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| + | <blockquote>I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.</blockquote> | ||
==References== | ==References== | ||
Revision as of 01:27, 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.
Presidential Oath
One example of constitutional supremacy is the presidential Oath of Office, found in Article II, Section One, Clause 8 of the United States Constitution.[3] The oath reads:
I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.
References
- ↑ 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
- ↑ 2.0 2.1 Constitutional Interpretation
- ↑ America's Constitution: A Biography