Parliament is the supreme legal authority under the UK's constitutional system

The supremacy clause establishes federal law as the highest authority

The supremacy clause states that the United States Constitution and federal laws enacted under it supersede conflicting state laws, ensuring national authority prevails when federal and state governments disagree.

A court designed to be the least powerful branch of government became one of the most influential institutions in America.

How presidential systems differ from parliamentary governments

In presidential systems like the US, the executive and legislature are separately elected, giving presidents fixed terms and independent authority. In parliamentary systems, executives are elected by legislatures and can be removed by a simple vote of no confidence.

In the US, any court can rule on constitutionality—unlike in most other countries

In the American system, known as diffuse judicial review, federal and state courts at every level may assess whether laws comply with the Constitution, and their decisions are ultimately reviewable by the Supreme Court. Many other democracies, by contrast, reserve constitutional review to specialized constitutional courts.

The separation of powers is a pivotal component of the US Constitution

Explore how the three branches interact through the Supreme Court case of US v. Alvarez. The Supreme Court first struck down a law, then Congress and the president later revised it—illustrating how judicial review can reshape legislation and executive action.

Read the majority opinion that established judicial review

In his opinion in Marbury v. Madison, Chief Justice John Marshall argued that a written constitution is "paramount law" and that courts must refuse to enforce statutes that conflict with it. He declared that "it is emphatically the province and duty of the Judicial Department to say what the law is."

The powers of the judicial branch have expanded since the nation's founding

Initially, the Supreme Court was seen as the weakest branch, lacking "the power of the sword or the purse," as Alexander Hamilton noted in *Federalist No. 78*. This podcast explores the political conflicts and pivotal decisions that transformed the court into the powerful constitutional authority it is today.

In 1215, the Magna Carta declared that even the king was not above the law

Forced on King John by rebellious barons, the Magna Carta established limits on royal power and the principle that rulers are subject to law. Discover how this foundational text later influenced the development of constitutional government and modern human rights traditions.

John Marshall strengthened the Supreme Court and national authority

As chief justice, John Marshall established the principle of judicial review. He reinforced federal supremacy in key cases, defining the Supreme Court as a powerful arbiter between states and the national government under the US federal system.

A single 1803 Supreme Court case, Marbury v. Madison, gave courts the power to strike down acts of Congress.

John Marshall advanced federal supremacy and judicial review

Marshall's jurisprudence emphasized that the Constitution is the supreme law of the land, enforceable by an independent judiciary. Through his court's decisions, he affirmed judicial review, broad implied powers for Congress, and federal authority to override conflicting state laws.

The powers of local government are rooted in state law, not the Constitution

Unlike the federal government or the states, local governments have no constitutional standing—they exist only because state law allows them to. A state legislature can redraw a city's boundaries, strip its powers, or dissolve it entirely.

The US framework of government has influenced the constitutions of many other countries

In 1787, the US Constitution introduced a system built on the separation of powers and individual liberties, including freedom of speech and religion. Though widely influential, its rigidity has made it less of a modern model as countries adopt more adaptable constitutional frameworks.

Congress can remove federal officials through impeachment

The United States House of Representatives has the sole power to impeach federal officials. The United States Senate then conducts impeachment trials and decides whether to convict and remove them from office.

Marbury v. Madison established the Supreme Court's power of judicial review

The 1803 ruling empowered courts to strike down laws that violate the Constitution, permanently expanding the Supreme Court's authority and cementing its role as a coequal branch. This video explains the case and its lasting impact.

Explore the specific authorities granted to Congress: the 'enumerated powers'

The Constitution grants Congress a list of powers—including taxing, regulating interstate commerce, and declaring war—while powers not explicitly listed are reserved to the states or the people, defining the federal government's scope of authority.

Germany's Constitutional Court can review laws without waiting for a specific case

The German court follows a model of "abstract judicial review"—meaning it can assess the constitutionality of legislation in the abstract, rather than only in concrete disputes. Its binding decisions apply to all German courts.

The Constitution grants Congress more powers than the president

Article I outlines detailed congressional powers—taxation, spending, war declarations, and lawmaking—while Article II gives the president limited, broadly defined authority. This design reflects the framers' intention to prevent executive overreach.

Explore the nearly 1,000 laws, regulations, and provisions the court has held unconstitutional since Marbury v. Madison

Over more than two centuries, the Supreme Court has struck down nearly 1,000 federal, state, and local measures—exercising its authority to invalidate laws that conflict with the Constitution and shaping civil rights, the separation of powers, and the scope of government authority.

Congress has the power to enact laws related to bankruptcy, thanks to the US Constitution

It has done just that since 1800. This legislation, which outlines the various types of bankruptcy filings, has evolved over time. The most recent iteration is the Bankruptcy Reform Act of 1978, which introduced Chapter 11 filings in an effort to make the process easier for businesses and individuals.

The Supreme Court has never definitively settled federal war powers

Despite more than two centuries of conflict over war powers, the Supreme Court has consistently avoided defining the precise boundary between congressional and executive authority, leaving that boundary to be contested by the political branches.

The Supreme Court has greatly expanded executive power in recent years

In Trump v. United States, the court ruled that a former president enjoys absolute immunity for "official acts" in his constitutional core powers. In Trump v. CASA, Inc., the court limited federal courts' ability to block executive enforcement through nationwide injunctions—decisions that shifted power toward the executive branch.

Presidents can veto laws—and Congress can override them

A president may veto legislation passed by Congress, but a two-thirds vote in both the House and Senate can override it. For most presidents, only a small share of their vetoes have been successfully overturned.

The necessary and proper clause of the Constitution allows Congress flexibility in governing

The Constitution authorizes Congress to pass laws needed to carry out its enumerated powers, which, over time, have become one of the Constitution's most powerful sources of federal authority.

Courts referee federalism disputes between Congress and the states

Modern federalism is primarily worked out through litigation. The Supreme Court decides disputes in written opinions that explain when federal law preempts state authority, how far Congress's powers extend, and when states may resist.

Supreme Court justices serve for life

The Constitution grants Supreme Court justices lifetime appointments to shield them from electoral politics and outside pressure, a design meant to preserve judicial independence but now widely debated due to longer lifespans and partisan balances of the court.

Take a deep dive into the constitutional foundations of judicial review

In this episode of "This Constitution," the hosts take a law-focused approach to judicial review—examining its roots in Article III and the supremacy clause, its development through Marbury v. Madison, and the ongoing constitutional debates about whether the court's power strengthens or strains American democracy.

The US Bill of Rights drew directly from England's own Bill of Rights

England's 1689 Bill of Rights established protections against cruel and unusual punishment and the right to petition the government. Many of its provisions were adopted nearly word for word by America's founders a century later.

In the UK, foreign sovereign wealth funds can claim diplomatic immunity

In 2025, a court in London found that sovereign wealth funds and their executives can claim diplomatic immunity in legal cases, given the funds' foreign ownership and their role in the private sector. The ruling furthered speculation about the ethics of these funds, particularly from countries accused of human rights violations.

When state and local laws conflict, state law almost always prevails

Courts generally side with state law when it conflicts with a local ordinance. Whether the contradiction is explicitly stated or merely implied by the two laws, state authority typically prevails.

McCulloch v. Maryland upheld implied powers and blocked states from taxing the federal government

In 1819, McCulloch v. Maryland confirmed that Congress may use implied powers under the necessary and proper clause and ruled that states cannot tax federal institutions, reaffirming the supremacy of the federal government within its constitutionally delegated powers.

States are constitutionally mandated to draw their own congressional districts

Under Article I, Section 4 of the US Constitution, state legislatures possess the authority to determine how congressional districts are drawn. However, Congress retains the power to alter these rules if it chooses to.

The House of Representatives controls the $7T federal budget

The House holds the exclusive "power of the purse" to initiate revenue bills, a provision in the US Constitution designed to divide power with the Senate and give states with larger populations greater influence over federal budgeting.

Youngstown Sheet & Tube Co. v. Sawyer established the framework courts use to evaluate presidential war powers

When Truman seized US steel mills during the Korean War, the Supreme Court ruled that he had overstepped his authority. Justice Jackson's concurring opinion held that presidential power is strongest when Congress authorizes action, uncertain when Congress is silent, and weakest when Congress explicitly refuses authorization.

The 5 permanent Security Council members can veto resolutions

The UN Security Council veto is a power held by its five permanent members—China, France, Russia, the UK, and the US—allowing any one of them to block resolutions, regardless of international consensus. It has been used over 300 times since the UN's founding.

The Supreme Court blocked states from setting term limits for Congress

In US Term Limits v. Thornton (1995), the Supreme Court struck down state laws that tried to impose term limits on their congressional delegations. The court ruled such restrictions unconstitutional unless added through a federal amendment.

The 2025-26 Supreme Court docket is poised to reshape presidential power

As the Supreme Court begins a new term, several major cases could define the scope of presidential authority. The court may rule on President Trump's efforts to control state National Guard units, fire independent officials, impose tariffs, and cut congressionally mandated federal spending.

The 10th Amendment affirms that most undelegated powers remain with the states

Adopted to reassure skeptics of an overly powerful federal government, the amendment was meant to curb federal overreach and preserve state control over most everyday governance decisions.

The Constitution gives Congress sweeping control over the federal budget

Article I, Section 8's Spending Clause authorizes Congress to tax, pay debts, and promote the "common Defence and general Welfare," making it one of Congress's most powerful tools—and the constitutional foundation of federal budget control.

The Supreme Court limited federal judges' power to issue nationwide injunctions in 2025

In a 2025 decision arising from litigation over a presidential order on birthright citizenship, the Supreme Court held that individual federal judges may not nationwide block executive policies—curbing the use of sweeping injunctions and reshaping how constitutional challenges proceed through the courts.

The Judiciary Act of 1789 created the foundation of the federal justice system

Passed by the First Congress, the Judiciary Act of 1789 established the federal court system, the Office of the Attorney General, and the US Marshals Service—the first law concerning national law enforcement and legal administration.

The president's powers are defined in Article II of the US Constitution

Article II establishes the presidency, outlining powers to command the military, sign or veto legislation, appoint officials, and conduct diplomacy—many of which are intended to be checked by other branches of government.

The framers feared creating another monarchy through an unchecked executive

Having rebelled against British royal power, the framers deliberately limited the presidency—balancing "energy in the executive" with safeguards against tyranny. Debate at the 1787 Constitutional Convention centered on preventing any return to monarchical rule.

Two doctrines of local governance determine how much power cities actually have

Under what is known as "Dillon's Rule," local governments can only exercise powers explicitly granted by the state. Under "home rule," cities have broader self-governing authority—but the balance between the two depends entirely on state law.

Explore the most impactful Supreme Court cases in US history

Browse by constitutional topic to explore key rulings, their historical impact, and the legal principles they established. Each case includes a summary of the decision, along with notable excerpts from majority and dissenting opinions.

The Supreme Court curbed the EPA's power to regulate carbon emissions in 2022

In West Virginia v. EPA, the Supreme Court ruled 6-3 that the EPA exceeded its authority by requiring industrywide carbon cuts. Chief Justice Roberts' opinion invoked the "major questions" doctrine, which limits the ability of federal agencies to act without explicit congressional approval.

The US protects free speech more broadly than any other democracy

Well-known First Amendment lawyer Floyd Abrams explains that the US offers stronger free-speech protections than even close democratic allies, where hate speech is criminalized, libel laws favor plaintiffs, and a "right to be forgotten" can erase truthful information from the internet.

The roots of American law and the jury system trace back to medieval England

King Henry II established a jury of 12 local knights to settle land disputes in the 12th century, and his judges developed national laws common to everyone. American courts inherited this "common law" tradition directly from the English system.

Compare how justice ministries and courts are structured around the world

The Federal Judicial Center's "Judiciaries Worldwide" series provides clear and accessible comparisons of how various countries organize their justice ministries, prosecutors, courts, and judicial councils—emphasizing global models of independence, oversight, and institutional structure.

The Bill of Rights was designed to protect individuals from the power of the federal government

When the Bill of Rights was ratified in 1791, its protections applied only to the federal government. It wasn't until the 14th Amendment (1868) and the Supreme Court's doctrine of selective incorporation that most provisions were extended to state governments—a process that began in 1925.