Why is Constitution considered as the highest of the law?
Asked by: Eulalia Wyman DVM | Last update: January 26, 2026Score: 4.7/5 (1 votes)
A constitution is the highest law because it's the foundational document establishing the government, defining its powers, protecting fundamental rights, and setting the framework for all other laws, making any conflicting law void; it's the ultimate rulebook that even the government must obey, ensuring power is limited and predictable. The Supremacy Clause in the U.S. Constitution explicitly states it, along with federal laws and treaties, is the "supreme Law of the Land," taking precedence over state laws.
Why is a Constitution considered as the highest expression of the law?
The Constitution considered as "the highest expression of the law" because this is aset of laws that guide the actions of national governments and citizens. Create power-related balance, fairness, and justice in which no one can overpower another.
Why is the Constitution considered a higher law?
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.
What does it mean for the Constitution to be the highest law?
In addition, the Supremacy Clause explicitly specifies that the Constitution binds the judges in every state notwithstanding any state laws to the contrary. The Supremacy Clause also establishes a noteworthy principle about treaties.
Why is the Constitution the highest law of the country?
A constitution is the fundamental and supreme law of a country. It is sometimes called the mother of all laws because other laws are born from it and must be consistent with it. A constitution is a framework for governance that defines how the government is formed and run.
Can the King appoint an 'Interim Prime Minister'?
Is the Constitution the highest form of law?
As the supreme law of the land, the U.S. Constitution creates a federal system of government in which power is shared between the federal government and the state governments. Both the federal government and each of the state governments have their own court systems.
Why is the Constitution called the highest law of the land?
The Constitution is called the “Supreme Law of the Land” because it lays out the basic rules of our government and no other law is above it. Fun Fact: Of the written national constitutions, the U.S. Constitution is the oldest and shortest.
Which law is the highest law in the country?
The Constitution is the supreme law
No person, not even the President, can go against it.
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.
Is the U.S. Constitution above the law?
The Constitution of the United States is the supreme law of the United States of America.
Which source of law is the highest?
The highest law in the United States is the US Constitution, including all its amendments. The U.S. Congress writes laws that are called statutes or the United States Code. Federal agencies write regulations that are found in the Code of Federal Regulations.
Who said there is a higher law than the Constitution?
In 1850 Seward made his “Higher Law” speech where he stated: “[…] there is a Higher Law than the Constitution.” This incendiary statement was to Seward's successful argument that California should be admitted into the Union as a free state.
Is the Constitution the highest court?
The Supreme Court plays a very important role in our constitutional system of government. First, as the highest court in the land, it is the court of last resort for those looking for justice.
Why is a Constitution considered a higher law?
The U.S. Constitution is the supreme law of the land, establishing the federal government, defining that government's powers and structures, and protecting the basic rights of all Americans. The Constitution creates the form of government we have in the United States, which is a constitutional and federal republic.
Why is Constitution important?
The Constitution of India is the supreme legal authority which binds the legislative, executive, and judicial organs of government. The Constitution grants all citizens Fundamental Rights and empowers the independent judiciary to invalidate legislations or government actions which violate the Constitution.
Is also describe as the highest expression of the law?
Overall, a constitution is considered the "highest expression of the law" because it serves as the foundation for the legal system, protects individual rights, establishes the structure of government, and ensures stability and consistency in governance.
Is constitutional law the highest law?
The Constitution is the supreme law of the United States and is the basic charter of our democracy. As stewards of the law and of our democratic system, all lawyers should have a firm understanding of the Constitution's basic principles, as elaborated by the courts.
What is considered the highest form of law?
Federal law is the highest law in the U.S., superseding state law in conflicts. It encompasses the Constitution, statutes, regulations, treaties, and common law. Understanding federal law is crucial for navigating legal issues across various fields.
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 does the Constitution say is the highest law of the land?
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any ...
What is the purpose of the Constitution?
The Constitution: Creates a government that puts the power in the hands of the people. Separates the powers of government into three branches: the legislative branch, which makes the laws; the executive branch, which executes the laws; and the judicial branch, which interprets the laws.
Which clause says the Constitution is the highest law?
Supremacy Clause. The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
Why is the Constitution the highest form of law?
A constitution is simultaneously a legal, political, and social instrument. Legally, it enshrines human rights and creates a predictable legal landscape. As a supreme or higher law, its provisions provide a framework under which all regulations, legislation, institutions, and procedures operate.
Did the founding fathers put God in the Constitution?
No, the U.S. Constitution does not explicitly mention God or a supreme being in its main text, a deliberate choice by the Founding Fathers to establish a secular government and protect religious freedom, though it does contain a date reference ("Year of our Lord") and the First Amendment prevents religious tests for office, reflecting a consensus on separation of church and state despite their personal faith.
Why is the Constitution supremacy?
The concept of constitutional supremacy ensures that no individual, group, or institution is above the constitution and that all actions and laws must conform to its provisions. The supremacy of the constitution is enshrined in various legal documents, including the 1999 presidential constitution of Nigeria.