What is a Constitution? Constitutionalism — KSLU Constitutional Law Notes

What is a Constitution? Constitutionalism

In 1215, English barons forced King John to seal the Magna Carta — the first time a ruler accepted that he too was under the law. That idea, that power must be limited and answerable, is the seed of every modern constitution.

A Constitution is the fundamental, supreme law that establishes the organs of government, distributes powers among them, and guarantees citizens’ rights; any ordinary law inconsistent with it is void (Cooley).

Constitutionalism is the further idea of limited government — that power must be not merely defined but restrained, so authority never becomes arbitrary. A State may have a constitution without constitutionalism (a dictatorship with a sham document). Its hallmarks: rule of law, separation of powers, judicial review, and protected fundamental rights.