Constitutional Vs. Statutory Law
Handout #17
Constitutional vs. Statutory Law
Constitutional law is the basic framework for government and may limit or define the authority and procedure of the government to carry out new laws and regulations. It should focus on the laws of the nation, the states, or a local government that are essential to explain how the government functions and how it is limited. Constitutional law should basically be restricted to explaining: 1) how the government works, 2) what powers people within the government actually have, and 3) the essential rights and protections to which each citizen is entitled.
If it is done well, constitutional law should be able to last over a long period of time.
Statutory law is written law set down by a legislature or other governing authority (like the executive branch or a local government) in response to a perceived need to clarify the functioning of government, improve society, and/or to give more specific explanation about existing law.
Statutory law may not be permanent. It should be based on the needs of the society during a particular period of time. Thus, the need for many statutory laws may change over time.
In total, you might think of constitutional law as the rules to the game, while statutory law would be the particular moves that happen during one specific game and may or may not be needed or repeated later.
Write “C” if you think the example below is constitutional. Write “S” if you think the example below is statutory.
1. / It is illegal to use witchcraft, cast a curse, or put an evil spell on another person.2. / Presidents have the power to pardon a person who is convicted of a crime.
3. / All citizens must recycle their plastic bottles.
4. / The government cannot sentence people to cruel or unusual punishments.
5. / All executions must be done by lethal injection rather than by electrocution.
6. / Divorcing husbands must pay alimony to their ex-wives.
7. / Harassment over the internet is illegal.
8. / Judges in Pennsylvania serve 10-year terms of office and then must be re-elected by the public.
9. / The Lieutenant Governor would take over for the Governor in the event of impeachment, illness, death, or the Governor’s resignation from office.
10. / The government can take your property for the good of the public but it must pay you a fair price for that property.
11. / The maximum speed limit will be 65 miles per hour on all roads.
12. / The power to create and pass legislation belongs to the state General Assembly.
13. / Gasoline will be rationed and citizens can only use government issued ration cards to buy gasoline.
14. / The government cannot search your property without a proper reason and a search warrant.
15. / The government can search your luggage before putting it onto an airplane.
16. / The government will help the elderly pay for their prescription medication.
17. / Citizens must get a permit to carry a concealed weapon and must notify the police if their gun is stolen.
18. / Every Pennsylvanian is entitled to a “thorough and efficient system of public education.”
19. / Every school will get money for computer equipment.
20. / Americans have the right to own handguns.