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Latest revision as of 16:59, 21 April 2021

Constitutional law is the foundational body of law of nation states and other political organizations. It provides a framework for creating laws, protecting an individual's human rights, and electing political representatives. Constitutions are the framework for government and may limit or define the authority and procedure of political bodies to execute new laws and regulations. Constitutional law looks at the sources in which the triers of fact would turn to guide their constitutional interpretations, and how such judges may weigh the words of the text of the document, the framers' intentions, case precedents, and policy consequences of the interpretation for a legal decision.

These foundational or basic laws of states or organizations, guided by constitutional frameworks, are the bases for a cooperative give and take leading to peace and prosperity for all while at the same time ensuring the human rights of all members of that society.

Judicial interpretation of a constitution

Constitutional law is created through judicial interpretation of the constitution. Judicial review of the constitution by judges who study and construe the constitutional sections encompasses court decisions which create the body of constitutional law. This case law becomes the precedent for future cases.

In the United States, there are cases arising under the constitution, federal law, or a treaty. For example, when the United States is a party, there is usually sovereign immunity whereas the United States cannot be sued without its consent. Yet, there is no immunity where the action is beyond the scope of statutory power or the action is constitutionally void. When the suits are between a state and citizens of another state, the Eleventh amendment bars citizens from suing the state in federal court without its consent. Yet there are limitations on the eleventh amendment where it does not extend to appellate review of the state suit against the citizen, to suits against state subdivisions, against state officials acting unconstitutionally so long as damages for past conduct are not paid from state funds, or to money damages from state funds.

Powers of the federal government

The Supreme Court of the United States Roberts Court justices (October 6, 2018 to September 18, 2020): Front row (left to right): Stephen Breyer, Clarence Thomas, Chief Justice John Roberts, Ruth Bader Ginsburg (since deceased), and Samuel Alito. Back row (left to right): Neil Gorsuch, Sonia Sotomayor, Elena Kagan, and Brett Kavanaugh.

In American constitutional law, there is a separation of powers called checks and balances. There is judicial power through Article III which encompasses the Supreme Court and lower federal courts. Under the jurisdiction of the Supreme Court, the court which is a key factor in developing constitutional law, there is original trial jurisdiction in cases when the state is a party, ambassadors, and such. The Supreme Court determines if certain state and federal laws and executive actions are consistent with constitutional power. There is appellate jurisdiction subject to Congress' power to regulate and exclude. Additionally, there are limitations to jurisdiction of the federal courts wherein only definite and concrete legal interests are decided along with a standing requirement. The courts will not decide political issues. There is no constitutional provision giving the Supreme Court the power to review federal or state acts and declare them unconstitutional. Yet, the case of Marbury v Madison gave the Supreme Court the power to review the constitutionality of congressional statues^[1] and Martin v. Hunter's Lessee created the power to declare state actions unconstitutional.^[2]

Principle of constitutionalism

The principles of American constitutionalism lie in the limitations on the exercise of governmental power, that of due process and equal protection. There are individual constitutional rights embedded in the Bill of Rights, in procedural due process with a right to a hearing, substantive due process and equal protection, restrictions on the taking of property without due process, and retroactive legislation encompassing the contract clause, due process and ex post facto which is the barring of the retroactive application of unforeseeable interpretations of criminal statutes. There is a limitation on the exercise of governmental power in the First amendment, freedom of speech, press, religion and association as well as the congressional power to enforce constitutional rights as in the Thirteenth and Fifteenth amendments regarding racial discrimination, the Fourteenth amendment to remedy state discrimination, and an additional power to protect civil rights against state and private interference.

Examples of constitutional law bases

United States Constitution

The United States Constitution is the supreme law of the United States of America. It was adopted in its original form on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and later ratified by conventions in each state in the name of "the People."^[3] The Constitution has a central place in American law and political culture.^[4] The U.S. Constitution is argued by many to be the oldest written national constitution, except possibly for San Marino's Statutes of 1600, whose status as a true constitution is disputed by scholars. The handwritten, or "engrossed," original document is on display at the National Archives in Washington, DC

Constitution for Europe

The Treaty establishing a Constitution for Europe (TCE), commonly referred to as the European Constitution, was an unimplemented international treaty intended to create a constitution for the European Union. It was signed in 2004 by representatives of the member states of the Union but was subject to ratification by all member states, two of which subsequently rejected it in referendums. Its main aims were to replace the overlapping set of existing treaties that compose the Union's current informal Constitution, to codify human rights throughout the EU, and to streamline decision-making in what the 27-member organization.

Constitution for South America

The Cusco Declaration, formally titled, Preamble to the Foundation Act of the South American Union, is a two-page declaration of intent signed by 16 South American countries during the Third South American Summit, on December 8, 2004, in Cusco, Peru, announcing the foundation of the South American Community of Nations. It called for a regional parliament, a common market, and a common currency.

The importance of constitutional law

Constitutional law involves some of the most fundamental issues concerning government and society. It begins with the historical pathway from the drafting of the document through its adoption, the application of the document to governmental and societal issues, and the influences of any amendments to address issues which were not in the original document. Constitutional law looks at the sources in which the triers of fact would turn to guide their constitutional interpretations, and how such judges may weigh the words of the text of the document, the framers' intentions, case precedents, and policy consequences of the interpretation for a legal decision. The benefits that befall a society from constitutional law are that it limits governmental power to protect individual liberties, it clarifies the roles to reduce disputes between governmental parties, and it is committed to the principles of democracy and the dignity of the individual.

Constitutional law alternative

The term "basic law" is used in some places as an alternative to "constitutional law." A Basic Law is either a codified constitution, or in countries with uncodified constitutions, a law given to have constitution powers and effect. The name is usually used to imply an interim or transitory nature, or avoid attempting a claim to being "the highest law," often for religious reasons. In West Germany, the term "basic law" (Grundgesetz) was used, to indicate that the basic law was provisional until the ultimate reunification of Germany, whereupon a new constitution would be adopted. In the event, no constitution was ever adopted, and the basic law was instead extended throughout the entire German territory.

Notes

↑ Marbury v. Madison Retrieved December 21, 2020.
↑ Martin v. Hunter's Lessee Retrieved December 21, 2020.
↑ United States Constitution Primary Documents in American History The Library of Congress. Retrieved December 21, 2020.
↑ Gregory Casey, "The Supreme Court and Myth: An Empirical Investigation." Law & Society Review 8(3) (1974):385–420.

References
ISBN links support NWE through referral fees

Anastaplo, George. Reflections on consitutional law. Lexington, KY: University Press of Kentucky, 2006. ISBN 0813123968
Casey, Gregory. "The Supreme Court and Myth: An Empirical Investigation." Law & Society Review 8(3) (1974): 385–420.
Killian, Johnny H. and George Costello. The Constitution of the United States of America: Analysis and interpretation: annotations of cases decided by the Supreme Court of the United States to June 29, 1992. Washington, DC: USGPO, Supt of Docs, USGPO, 1996. ISBN 0160632684
Tushnet, Mark V. A Court Divided: The Rehnquist court and the future of constitutional law. NY: W.W. Norton Co., 2005. ISBN 0393058689

External links

All links retrieved December 21, 2020.

Marbury v. Madison decision from LII-Cornell Law School.
Constitutional Law HG.org

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[1] Marbury v. Madison Retrieved December 21, 2020.

[2] Martin v. Hunter's Lessee Retrieved December 21, 2020.

[3] United States Constitution Primary Documents in American History The Library of Congress. Retrieved December 21, 2020.

[4] Gregory Casey, "The Supreme Court and Myth: An Empirical Investigation." Law & Society Review 8(3) (1974):385–420.

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@@ Line 1: / Line 1: @@
-{{Claimed}}
+{{Copyedited}}{{Images OK}}{{Submitted}}{{Approved}}{{Paid}}
 [[Category:Politics and social sciences]]
 [[Category:Law]]
 {{Law}}
-[[Image:Declaration of Human Rights.jpg|thumb|right|The French [[Declaration of the Rights of the Man and of the Citizen]], whose principles still have constitutional value]]
-'''Constitutional law''' is the study of foundational or basic [[law]]s of nation states and other political organizations. [[Constitution]]s are the framework for [[government]] and may limit or define the authority and procedure of political bodies to execute new laws and regulations.  These foundational or basic laws of states or organizations are the bases for a cooperative give and take leading to peace when the actions are guided by constitutional frameworks.
-==Types of constitutions==
+'''Constitutional law''' is the foundational body of [[law]] of [[nation state]]s and other political organizations. It provides a framework for creating laws, protecting an individual's [[human rights]], and electing political representatives. [[Constitution]]s are the framework for [[government]] and may limit or define the authority and procedure of political bodies to execute new laws and regulations. Constitutional law looks at the sources in which the triers of fact would turn to guide their constitutional interpretations, and how such judges may weigh the words of the text of the document, the framers' intentions, case precedents, and policy consequences of the interpretation for a legal decision.
-Not all [[nation state]]s have codified constitutions, though all such states have a ''[[jus commune]]'', or law of the land, that may consist of a variety of imperative and consensual rules. These may include [[customary law]], [[Convention (norm)|conventions]], [[statutory law]], [[judge made law]] or [[international law|international rules and norms]]. A common error is to refer to countries, for instance, the [[United Kingdom]], as having an "unwritten constitution". In fact, the "constitution" is written in a vast body of books, statutes and law reports, instead of being codified into a single document, such as the [[Grundgesetz]] or the [[U.S. Constitution]]. On the other hand, some communities may lack any constitution at all, because of the complete absence of law and order. These are referred to as [[failed state|failed nation states]] or anarchies.
+{{toc}}
+These foundational or basic laws of states or organizations, guided by constitutional frameworks, are the bases for a cooperative give and take leading to peace and prosperity for all while at the same time ensuring the human rights of all members of that society.
-==Functions of constitutions==
+==Judicial interpretation of a constitution==
-Constitutional laws may often be considered second order rulemaking or rules about making rules of exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority. One of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. For example, in a [[unitary state]], the constitution will vest ultimate authority in one central administration and [[legislature]], and [[judiciary]], though there is often a delegation of power or authority to local or municipal authorities. When a constitution establishes a [[federal state]], it will identify the several levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement.
+Constitutional law is created through judicial interpretation of the [[constitution]]. Judicial review of the constitution by judges who study and construe the constitutional sections encompasses court decisions which create the body of constitutional law. This case law becomes the precedent for future cases.
-===Human rights===
+In the [[United States]], there are cases arising under the constitution, federal law, or a [[treaty]]. For example, when the United States is a party, there is usually sovereign immunity whereas the United States cannot be sued without its consent. Yet, there is no immunity where the action is beyond the scope of statutory power or the action is constitutionally void. When the suits are between a state and citizens of another state, the [[Eleventh Amendment to the United States Constitution|Eleventh amendment]] bars citizens from suing the state in federal court without its consent. Yet there are limitations on the eleventh amendment where it does not extend to appellate review of the state suit against the citizen, to suits against state subdivisions, against state officials acting unconstitutionally so long as damages for past conduct are not paid from state funds, or to money damages from state funds.
-Human rights or [[civil liberties]] form a crucial part of a country's constitution and govern the rights of the individual against the state. Most jurisdictions, like the [[United States of America|United States]] and [[France]], have a single codified constitution, with a [[Bill of Rights]]. A recent example is the [[Charter of Fundamental Rights of the European Union]] which was intended to be included in the [[Treaty establishing a Constitution for Europe]], that failed to be ratified. Perhaps the most important example is the [[Universal Declaration of Human Rights]] under the [[UN Charter]]. These are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide its citizens with.
+==Powers of the federal government==
+[[File:Supreme Court of the United States - Roberts Court 2018.jpg|thumb|275px|The [[Supreme Court of the United States]] Roberts Court justices (October 6, 2018 to September 18, 2020): Front row (left to right): Stephen Breyer, Clarence Thomas, Chief Justice John Roberts, [[Ruth Bader Ginsburg]] (since deceased), and Samuel Alito. Back row (left to right): Neil Gorsuch, Sonia Sotomayor, Elena Kagan, and Brett Kavanaugh.]]
+In American constitutional law, there is a separation of powers called [[checks and balances]]. There is judicial power through [[Article III]] which encompasses the [[Supreme Court of the United States|Supreme Court]] and lower federal courts. Under the jurisdiction of the Supreme Court, the court which is a key factor in developing constitutional law, there is original trial jurisdiction in cases when the state is a party, ambassadors, and such. The Supreme Court determines if certain state and federal laws and executive actions are consistent with constitutional power. There is appellate jurisdiction subject to Congress' power to regulate and exclude. Additionally, there are limitations to jurisdiction of the federal courts wherein only definite and concrete legal interests are decided along with a standing requirement. The [[court]]s will not decide [[politics|political]] issues. There is no constitutional provision giving the Supreme Court the power to review federal or state acts and declare them unconstitutional. Yet, the case of ''Marbury v Madison'' gave the Supreme Court the power to review the constitutionality of congressional statues<ref>[https://www.law.cornell.edu/supremecourt/text/5/137 ''Marbury v. Madison''] Retrieved December 21, 2020.</ref> and ''Martin v. Hunter's Lessee'' created the power to declare state actions unconstitutional.<ref>[https://www.law.cornell.edu/supremecourt/text/14/304 Martin v. Hunter's Lessee] Retrieved December 21, 2020.</ref>
-Some countries like the United Kingdom, have no entrenched document setting out fundamental rights; in those jurisdictions the constitution is composed of [[statute]], [[case law]] and [[Constitutional conventions|convention]]. A case named ''[[Entick v. Carrington]]''<ref>''[[Entick v. Carrington]]'' (1765) 19 Howell's State Trials 1030</ref> illustrates a constitutional principle deriving from the common law. Mr Entick's house was searched and ransacked by Sherriff Carrington. Carrington argued that a warrant from a Government minister, the [[George Montague-Dunk, 2nd Earl of Halifax|Earl of Halifax]] was valid authority, even though there was no statutory provision or court order for it. The court, led by [[Charles Pratt, 1st Earl Camden|Lord Camden]] stated that,
+==Principle of constitutionalism==
+The principles of American constitutionalism lie in the limitations on the exercise of governmental power, that of [[due process]] and [[equal protection]]. There are individual constitutional rights embedded in the [[Bill of Rights]], in procedural due process with a right to a hearing, substantive due process and equal protection, restrictions on the taking of [[property]] without due process, and retroactive legislation encompassing the [[contract]] clause, due process and [[ex post facto]] which is the barring of the retroactive application of unforeseeable interpretations of criminal statutes. There is a limitation on the exercise of governmental power in the [[First Amendment to the United States Constitution|First amendment]], [[freedom of speech]], [[freedom of the press|press]], [[Freedom of religion|religion]] and association as well as the congressional power to enforce constitutional rights as in the [[Thirteenth amendment to the United States Constitution|Thirteenth]] and [[Fifteenth amendment to the United States Constitution|Fifteenth amendments]] regarding [[racial discrimination]], the [[Fourteenth amendment to the United States Constitution|Fourteenth amendment]] to remedy state discrimination, and an additional power to protect civil rights against state and private interference.
-<blockquote>"The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, be it ever so minute, is a trespass... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment."</blockquote>
+==Examples of constitutional law bases==
+===United States Constitution===
-Inspired by [[Two Treatises of Government|John Locke]],<ref>Chapter 9, Line 124, [[John Locke]], ''[[Second Treatise on Government]]'' (1690)</ref> the fundamental constitutional principle is that the individual can do anything but that which is forbidden by law, while the state may do nothing but that which is authorised by law.
+The [[United States Constitution]] is the supreme [[law]] of the [[United States|United States of America]]. It was adopted in its original form on September 17, 1787, by the [[Philadelphia Convention|Constitutional Convention]] in [[Philadelphia, Pennsylvania|Philadelphia]], [[Pennsylvania]], and later [[ratification|ratified]] by conventions in each [[U.S. state|state]] in the name of "the People."<ref>[https://guides.loc.gov/constitution United States Constitution] ''Primary Documents in American History'' The Library of Congress. Retrieved December 21, 2020.</ref> The Constitution has a central place in [[Law of the United States|American law]] and [[Politics of the United States|political culture]].<ref>Gregory Casey, "The Supreme Court and Myth: An Empirical Investigation." ''Law & Society Review'' 8(3) (1974):385–420.</ref> The U.S. Constitution is argued by many to be the oldest written national constitution, except possibly for [[San Marino]]'s [[Statutes of 1600]], whose status as a true constitution is disputed by scholars. The handwritten, or "engrossed," [[Jacob Shallus|original document]] is on display at the [[National Archives and Records Administration|National Archives]] in [[Washington, DC]]
-===Legislative procedure===
-{{Main|Parliamentary procedure}}
-Another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution. In bi-cameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an [[election]].
-==Examples of Constitutions==
-===Roman Republic Constitution===
-The [[Roman Republic]] had one of the earliest known constitutions. The idea for a constitution was likely copied from those of the early Greek city-states. Before the 17th and 18th centuries, the [[Roman Republic]] was one of the very few nations to have had a constitution. Many nations today have modeled their constitutions after that of the [[Roman Republic]]. Concepts that originated in the Roman constitution live on in constitutions to this day. Examples include [[checks and balances]], [[separation of powers|the separation of powers]], [[veto]]es, [[filibuster]]s, [[quorum|quorum requirements]], [[term limits]], and regularly scheduled [[elections]]. Even some lesser used modern constitutional concepts, such as the block voting found in the [[electoral college]] of the [[United States]], originate off of ideas found in the Roman constitution.
-===[[United States Constitution]]===
-{{Infobox document
-|document_name        = United States Constitution
-|image                = Constitution Pg1of4 AC.jpg
-|image_width          = 220px
-|image_caption        = Page one of the original copy of the Constitution
-|date_created        = [[September 17]] [[1787]]
-|date_ratified        = [[June 21]] [[1788]]
-|location_of_document = [[National Archives and Records Administration|National Archives]]
-|writer              = Delegates of the [[Philadelphia Convention]]
-|signers              = 39 of the 55 Philadelphia Convention delegates
-|purpose              = National [[constitution]] to replace the [[Articles of Confederation]]
-}}
-{{Infobox US Constitution}}
-The '''United States Constitution''' is the supreme [[law]] of the [[United States|United States of America]]. It was adopted in its original form on [[September 17]] [[1787]] by the [[Philadelphia Convention|Constitutional Convention]] in [[Philadelphia, Pennsylvania|Philadelphia]], [[Pennsylvania]], and later [[ratification|ratified]] by conventions in each [[U.S. state|state]] in the name of "the People."<ref>http://www.constitution.org/cons/constitu.htm</ref><ref>http://www.loc.gov/rr/program/bib/ourdocs/Constitution.html</ref> The Constitution has a central place in [[Law of the United States|American law]] and [[Politics of the United States|political culture]].<ref> Casey (1974)</ref> The U.S. Constitution is argued by many to be the oldest written national constitution, except possibly for [[San Marino]]'s [[Constitution of San Marino#The Statutes of 1600|Statutes of 1600]], whose status as a true constitution is disputed by scholars. The handwritten, or "engrossed", [[Jacob Shallus|original document]] is on display at the [[National Archives and Records Administration|National Archives]] in [[Washington, D.C.]]
 ===Constitution for Europe===
-The '''Treaty establishing a Constitution for Europe''' (TCE), commonly referred to as the '''European Constitution''', was an unimplemented international [[treaty]] intended to create a [[constitution]] for the [[European Union]]. It was signed in 2004 by representatives of the member states of the Union but was subject to [[ratification]] by all member states, two of which subsequently rejected it in [[referendum]]s.  Its main aims were to replace the overlapping set of existing treaties (see [[Treaties of the European Union]]) that compose the Union's current informal Constitution, to codify human rights throughout the EU and to streamline decision-making in what is now a 27-member organization.
+The [[Treaty establishing a Constitution for Europe]] (TCE), commonly referred to as the [[European Constitution]], was an unimplemented international [[treaty]] intended to create a [[constitution]] for the [[European Union]]. It was signed in 2004 by representatives of the member states of the Union but was subject to [[ratification]] by all member states, two of which subsequently rejected it in [[referendum]]s. Its main aims were to replace the overlapping set of existing treaties that compose the Union's current informal Constitution, to codify human rights throughout the EU, and to streamline decision-making in what the 27-member organization.
 ===Constitution for South America===
-[[Image:Cuzco_signing.jpg|thumb|South American leaders sign the Cuzco Declaration]]
-The '''Cusco Declaration''', formally titled, '''Preamble to the Foundation Act of the South American Union''', is a two-page declaration of intent signed by 16 [[South America]]n countries during the [[South American Summit|Third South American Summit]], on [[December 8]], [[2004]], in [[Cusco]], [[Peru]], announcing the foundation of the [[South American Community of Nations]]. It called for a regional parliament, a common market and a common currency.
+The [[Cusco Declaration]], formally titled, [[Preamble to the Foundation Act of the South American Union]], is a two-page declaration of intent signed by 16 [[South America]]n countries during the [[South American Summit|Third South American Summit]], on December 8, 2004, in [[Cusco]], [[Peru]], announcing the foundation of the [[South American Community of Nations]]. It called for a regional parliament, a common [[market]], and a common [[currency]].
 ==The importance of constitutional law==
-Constitutional law involves some of the most fundamental issues concerning the government and society.  It begins with the historical pathway from the drafting of the document through its adoption, the application of the document to governmental and societal issues, and the influences of any amendments to address issues which were not in the original document.  Constitutional law looks at the sources in which the triers of fact would turn to guide their constitutional interpretations, and how such judges may weigh the words of the text of the document, the framers' intentions, case precedents, and policy consequences of the interpretation for a legal decision. The benefits that befall a society from constitutional law are that it limits governmental power to protect individual liberties, it clarifies the roles to reduce disputes between governmental parties, and it is committed to the principles of democracy and the dignity of the individual.
+Constitutional law involves some of the most fundamental issues concerning [[government]] and [[society]]. It begins with the historical pathway from the drafting of the document through its adoption, the application of the document to governmental and societal issues, and the influences of any amendments to address issues which were not in the original document. Constitutional law looks at the sources in which the triers of fact would turn to guide their constitutional interpretations, and how such judges may weigh the words of the text of the document, the framers' intentions, case precedents, and policy consequences of the interpretation for a legal decision. The benefits that befall a society from constitutional law are that it limits governmental power to protect individual liberties, it clarifies the roles to reduce disputes between governmental parties, and it is committed to the principles of [[democracy]] and the dignity of the individual.
+==Constitutional law alternative==
+The term "basic law" is used in some places as an alternative to "constitutional law." A Basic Law is either a [[codified constitution]], or in countries with [[uncodified constitution]]s, a law given to have constitution powers and effect. The name is usually used to imply an interim or transitory nature, or avoid attempting a claim to being "the highest law," often for religious reasons. In [[West Germany]], the term "basic law" ''(Grundgesetz)'' was used, to indicate that the basic law was provisional until the ultimate [[reunification of Germany]], whereupon a new constitution would be adopted. In the event, no constitution was ever adopted, and the [[Basic Law for the Federal Republic of Germany|basic law]] was instead extended throughout the entire German territory.
-==Footnotes==
+==Notes==
-{{reflist}}
+<references/>
 ==References==
-* Anastaplo, George, ''Reflections on consitutional law'', Lexington, KY: University Press of Kentucky, 2006. ISBN 0-813-12396-8
+* Anastaplo, George. ''Reflections on consitutional law''. Lexington, KY: University Press of Kentucky, 2006. ISBN 0813123968
-* Casey, Gregory, "The Supreme Court and Myth: An Empirical Investigation", ''Law and Society Review'', Vol. 8, No. 3, Spring, 1974.
+* Casey, Gregory. "The Supreme Court and Myth: An Empirical Investigation." ''Law & Society Review'' 8(3) (1974): 385–420.
-* Killian, Johnny H; Costello, George, ''The Constitution of the United States of America: analysis and interpretation: annotations of cases decided by the Supreme Court of the United States to June 29, 1992'', Washington: USGPO, Supt of Docs, USGPO, 1996. ISBN 0-160-63268-4
+* Killian, Johnny H. and George Costello. ''The Constitution of the United States of America: Analysis and interpretation: annotations of cases decided by the Supreme Court of the United States to June 29, 1992''. Washington, DC: USGPO, Supt of Docs, USGPO, 1996. ISBN 0160632684
-* Tushnet, Mark V., ''A court divided: the Rehnquist court and the future of constitutional law'', NY: W.W. Norton Co., 2005. ISBN 0-393-05868-9
+* Tushnet, Mark V. ''A Court Divided: The Rehnquist court and the future of constitutional law''. NY: W.W. Norton Co., 2005. ISBN 0393058689
+==External links==
+All links retrieved December 21, 2020.
+* [https://www.law.cornell.edu/supremecourt/text/5/137 ''Marbury v. Madison'' decision] from LII-Cornell Law School.
+* [https://www.hg.org/constitutional-law.html Constitutional Law] ''HG.org''
 {{Credit1|Constitutional_law|104226901|}}