What is a constitutional defense?
Asked by: Gerard Schuppe | Last update: February 7, 2026Score: 4.5/5 (10 votes)
To "defend the Constitution" means to uphold its principles, laws, and structure, primarily through an oath taken by officials to support it against all enemies, foreign and domestic, ensuring government actions stay within its defined powers, protecting individual rights, and maintaining checks and balances, rather than prioritizing party or personal interests. It's a commitment to the rule of law, preventing government overreach, and safeguarding the fundamental framework of American governance.
What is constitutional defense?
It draws together Due Process, Equal Protection, and the protections of Life, Liberty, and Property, and ensures that the States do not abridge such rights where the federal government could not. And it places the Supreme Court in a position to enforce each of these rights, even against state and local governments.
Does the President have to defend the Constitution?
Protecting the Constitution is not something that can be just left to the Supreme Court to decide. Every branch of government has an equal responsibility to uphold the Constitution. When the Supreme Court or President veer off course, it is the job of Congress to counterbalance them.
What is considered a constitutional violation?
Constitutional rights violations can take a variety of forms, ranging from retaliating against you for expressing your First Amendment right to free speech, to arresting you without possessing probable cause to believe you have committed a crime, or even arbitrarily depriving you of your Fourteenth Amendment right to ...
Can a President change the Constitution?
The Constitution does not give a president the power to violate the Constitution, create or change congressional statutes, or override U.S. Supreme Court decisions—no matter what the EOs say.
Constitutional Defenses 101
What are the 5 basic principles of the U.S. Constitution?
However, the Framers instead crafted an entirely new framework of government—the U.S. Constitution. We are going to focus on some of the key principles underlying the U.S. Constitution: popular sovereignty, federalism, separation of powers, checks and balances, and republicanism. What do we mean by popular sovereignty?
Can police violate constitutional rights?
While it is true that police officers generally enjoy immunity from liability in the performance of their duties, constitutional violations rise to another level. If police officer conduct violates constitutional rights, immunity can disappear. Then the victim can hold officers liable in court.
Who can overrule the Constitution?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
What is the violation of Article 27?
Article 27 mentions that the state cannot compel anyone to pay a tax if that tax is used to promote or maintain a particular religion or religious denomination. For it to be violated, four conditions must all be met: There is a tax. The proceeds are used to promote or maintain a religion or religious denomination.
What are 5 things the President can't do?
The U.S. President cannot make laws, declare war, decide how federal money is spent, interpret laws, or appoint key officials like Cabinet members or Supreme Court Justices without Senate approval, highlighting constitutional limits on executive power through checks and balances with Congress.
Did Trump take his oath on the Bible?
Yes, Donald Trump swore the oath of office on a Bible during his first inauguration in 2017, using both his family Bible and the historic Lincoln Bible, but he did not place his hand on a Bible during his second inauguration in January 2025, though it's not a legal requirement and the oath itself remains valid.
What is the Article 93 of the Constitution?
Short title and commencement. Article 93 of the Constitution specifically stated that “The House of the people shall as soon as may be choose two members of the House to be respectively Speaker and Deputy Speaker thereof ”.
Can a President be removed for violating the Constitution?
The impeachment process
The Constitution gives Congress the power to impeach federal officials. An official can be impeached for treason, bribery, and “other high crimes and misdemeanors.” The House of Representatives brings articles (charges) of impeachment against an official.
What are the 8 criminal defenses?
Criminal Defenses
- Accident. Most of the criminal offenses covered in the California Penal Code involve intentional offenses in which the perpetrator purposefully committed the act in question. ...
- Alibi. ...
- Coerced or False Confessions. ...
- Duress. ...
- Entrapment. ...
- False Accusations. ...
- Insanity. ...
- Lack of Probable Cause (PC)
What does the 27th Amendment actually say?
The 27th Amendment to the U.S. Constitution says that no law varying the compensation for Senators and Representatives shall take effect until an election of representatives has intervened, meaning Congress can't give itself a pay raise that takes effect immediately; they have to wait until after the next election, allowing voters to decide if they approve. It was originally proposed in 1789 by James Madison but wasn't ratified until 1992, making it the last ratified amendment, with a long history due to its lack of a time limit for ratification.
Do judges have more power than the President?
Federal laws, for example, are passed by Congress and signed by the President. The judicial branch, in turn, has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. But judges depend upon the executive branch to enforce court decisions.
Who can invoke the 25th amendment to remove a president?
The Vice President and a majority of the Cabinet (or another body Congress designates) can invoke the 25th Amendment (Section 4) to declare the President unable to serve, immediately making the VP acting president; if contested by the President, Congress must then decide, with a two-thirds vote in both houses needed to keep the VP as acting president permanently.
What does article 7 of the US Constitution say?
Article VII of the U.S. Constitution is about the ratification process, stating that nine of the thirteen states needed to approve it through special state conventions for the Constitution to become the law of the land, replacing the Articles of Confederation. It established the conditions for the new government to take effect and included the date the Constitution was signed (September 17, 1787).
Can I legally cuss out a cop?
It's generally not illegal to curse at a police officer in the U.S. because of First Amendment protections for free speech, but it can lead to arrest if the language crosses into "fighting words," threats, or disrupts public order, potentially resulting in charges like disorderly conduct or resisting arrest, depending on state laws and the officer's interpretation of the situation. While cursing alone is usually protected, actions like shaking fists, spitting, or making threats can remove that protection and lead to criminal charges.
What does 12 mean for cops?
"12" is slang for police, originating from the police radio code 10-12 ("visitors present," meaning civilians nearby), which became a shorthand warning, and possibly influenced by the TV show Adam-12, used in hip-hop and urban culture to mean cops are around or to be wary of law enforcement. It's used in contexts ranging from casual conversation to cautionary warnings like "Watch out for the 12" or "Fuck 12".
Can a cop open your car door during a traffic stop?
Yes, a police officer can open your car door during a traffic stop, but usually only if they have a valid safety concern or probable cause, as it's considered a Fourth Amendment search; they can't typically do it just to get a better look or investigate without justification, but non-compliance with lawful commands or hiding hands can create the necessary safety reason. They can also order occupants out for officer safety, regardless of the door being opened,.
What is the highest law in our country?
The Constitution is the supreme law of the land. All laws in the United States need to follow the Constitution.
Who does the Constitution protect?
However, the amendment doesn't say rights apply to citizens but instead guarantees that rights are for “any persons within its [United States'] jurisdiction.” Whether you're here on vacation, undocumented, living with legal status, or a citizen, the Constitution and the rights enshrined in it protect you.
What is the first most important of the constitutional principles?
The Declaration of Independence and its proclamation of these truths concerning the essential state of all humanity set firmly in place the first foundational cornerstone of the Constitution: popular sovereignty. The people are the only true and lawful source of governmental power.