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• Written constitutions in both the federal and state government

• Set forth the organization, powers, and limits of their respective governments

• Article VI states that the constitution is the law of the land (federal above state)

• Article X states that all powers not granted to the federal government are granted to the states

• State constitutions are supreme within state borders as long as they don’t violate federal law

• Ex: Marbury vs. Madison 1803

• Awards the supreme court judicial review to act as a check on the other two branches of government as proposed in the constitution, occurs when two laws conflict

• John Marshall was chief justice of the Supreme Court and ordered Madison to deliver a judicial appointment to fill the judge’s shoes.

• Ex: Line-item Veto 1996: Congress allowed president to throw out what he didn’t like in legislation – violates separation of powers – executive branch isn’t there to determine what the law is going to be