Constitutional law is generally the interpretation and application of the United States Constitution, which is the supreme law of the land, and supersedes (preempts) all state laws on matters in which the U.S. Constitution grants the federal government authority. The Constitution is the foundation of the U.S. legal system, and defines (enumerates) the powers of the three branches of government (legislative, executive, and judicial) and each branch’s oversight of the others. The Constitution also defines the relationships between states; between states and the federal government; and between individuals and the state and federal governments.
The Constitution may be amended as provided by Article V, and the first ten amendments were ratified by the states in 1791 and are known as the Bill of Rights.
Constitutional law may also be a reference to state constitutions, but when not specifically indicated, it is considered a reference to the U.S. Constitution.
In New York, as in all states, constitutional law refers to the interpretation and application of the U.S. Constitution, which is the paramount law of the country. The Constitution outlines the powers and responsibilities of the federal government's three branches—legislative, executive, and judicial—and establishes checks and balances among them. It also delineates the powers of the federal government and those reserved to the states, as well as the rights of individuals in relation to both state and federal governments. When federal and state laws conflict, the Supremacy Clause of the Constitution dictates that federal law prevails. The Constitution can be amended through the process outlined in Article V, and the first ten amendments, known as the Bill of Rights, provide a series of fundamental protections for individuals. While New York has its own state constitution, which governs the structure and function of the state government and provides additional rights and protections to its residents, it must always comply with the U.S. Constitution.