What is constitutional government?

Constitutional government is government that is limited by and operates under a written or unwritten constitution, with all officials and branches bound by its rules. The defining feature is that even those who hold political power are not above the constitutional law. The constitution is the supreme legal authority, and ordinary statutes, executive actions, and court decisions must conform to it.

The United States operates under a written constitution adopted in 1787, ratified in 1788, and amended 27 times. Article VI declares it the supreme law of the land. Federal courts since Marbury v. Madison in 1803 have exercised judicial review to enforce that supremacy by striking down unconstitutional laws and executive actions.

Other countries have constitutional governments under different forms. The United Kingdom operates under an unwritten constitution made up of statutes, judicial decisions, conventions, and historical documents like the Magna Carta of 1215, the Bill of Rights of 1689, and the Acts of Union. France has had multiple written constitutions since 1789 and currently operates under the Constitution of the Fifth Republic adopted in 1958. Germany has the Basic Law of 1949, India has the Constitution of 1950, and South Africa has the post-apartheid Constitution of 1996.

Constitutional government can take many institutional forms, including presidential and parliamentary systems, federal and unitary states, monarchies and republics. The common feature is the supremacy of the constitution over ordinary politics. Constitutional government is contrasted with absolutism and authoritarianism, where rulers stand above the law, and with simple majoritarian democracy, where any momentary majority can do whatever it wants regardless of fundamental rights.

The American founders deliberately rejected both extremes. They created a government powerful enough to act decisively in many areas but limited by enumerated powers, separation of powers, federalism, judicial review, and a difficult amendment process. Modern constitutional government also typically includes mechanisms for protecting individual rights, often through written bills of rights and independent judiciaries that can enforce them against majorities.

The success of any constitutional government depends not just on the document itself but on a political culture that takes constitutional limits seriously, including the willingness of officials to obey court decisions and of voters to defeat candidates who would violate the constitution.