If no section of the constitution applies, what does the government look to?

Answer 1

It has been upheld in countless jurisprudence in various countries, that in the absence of a specific provision in the constitution, the State looks into its inherent powers.

There are three inherent powers of the State: The Police power, the power of Taxation and the Power of Eminent Domain.

Police power is referred to as the power of the State to enact such laws or regulations in relation to persons or properties as amy promote public health, public morals, public safety and the general welfare and convenience of the people.

Taxation is the power of the State to impose charge or burden upon persons, property, and property rights, for the use and support of the government and to enable it to discharge its appropriate action.

Eminent Domain is the right or power of the State or of those to whom the power has been lawfully delegated to take (or expropriate) private property for public use upon paying the owner a just compensation to be ascertained by law.

Therefore, in the absence of a clear provision in the Constitution, the government applies this three principles.

Answer 2

Your question is flawed. When a case is filed the person filing the case tells the court the laws that should apply. The laws can be found in the Constitution, precendents, state statutes, treaties, etc. The party defending themselves then says "no, those laws don't apply and here's why." Also, even where the Constitution applies, the US uses traditional English system of law, which means it is the interpretation of a law by a judge that tells you what a law is and what it applies to - which is why prior judges decisions on cases are so important. (The opposite is the Napoleonic Code-used in Mexico, France, Quebec, etc. Under that system the laws are all supposedly written already. When a new technology or occurence not previously covered by the written law takes place, they either write a new law or try to fit the new event into the existing written laws.)

The Constitution does NOT apply to every case, even those against governments (goverments can be local, regional, state, or federal). The Contstitution only applies to cases where someone claims their Constitutional Rights have been violated.

Answer 3

If you can find a situation in which a person can not look to the constitution is some way then you are lucky....everything can be taken there in some way shape or form....simply because its all about point of view....Do you have an example of something that can't?

Answer 4

If you are a Democrat or Liberal you make it up as needed, e.g. Roe v Wade or Welfare.

If you are a Conservative or Republican you propose a Constitutional Amendment, e.g. Flag Burning or Gay Marriage Ban.

Answer 5

C'mon Star, did you skip the government classes? The Constitution says somewhere that powers not granted herein are reserved to the states.

Now, who is "the government" you refer to?

Answer 6

who has the most money...... surely you don't think congress follows the constitution? What about the part that says...ensure domestic tranquility....

Answer 7

legal precedence