A constitution can be defined as a laid down rules for the government which are time and again codified as a form of written manuscript that spells out and confines the functions and ability to exercise force of a political party (power). In the case of countries and sovereign regions of federal states the phrase refers exclusively to a constitution defining the core principles of politics, and instituting the configuration, procedures, powers and duties, of a government. Most constitutions guarantee rights to the people by limiting the government’s own reach. We will be comparing and contrasting the American constitution against the Iraqi constitution. Both constitutions are codified. Under the patronage of a British military occupation in 1925, Iraqis first constitution entered into force which then formed a monarchy which remained in effect until in 1958, the revolution established a republic. Interim constitutions have been adopted over the years but a referendum that took place in 2005 approved the constitution currently being used by Iraqis. On the other hand the American constitution is considered foundation and basis of the legal right to exercise power over another (authority) essential to the existence of the United States of America and the federal government of the United States. It grants the framework for the institute of the United States government and for the rapport of the federal government to the states, to citizens, and to all people within the United States.