What is Constitutional Law?

Definition of Constitutional Law

Constitutional law refers to rights carved out in the federal and state constitutions. The
majority of this body of law has developed from state and federal supreme court rulings,
which interpret their respective constitutions and ensure that the laws passed by the
legislature do not violate constitutional limits.

Most constitutional legal issues involve the Bill of Rights, which contains the first 10
amendments to the U.S. Constitution. These amendments contain such rights as the
freedom of speech, the right to a fair trial, and the right to be free from certain types of
discrimination.

States also have their own constitutions, which usually contain most, if not all, of the same
rights guaranteed under the U.S. Constitution. Many state constitutions also establish
additional rights, but they may not take away any federal rights.

Constitutional law also involves the rights and powers of the branches of government.
Both the federal and state constitutions outline three branches of government and give
distinct powers and responsibilities to each one. Constitutional lawyers also help resolve
disputes among the branches.

Terms to Know

 Bill of Rights - The first 10 amendments to the U.S. Constitution, which contain the
fundamental rights of the people
 Legislative Branch - One of the three branches of government, tasked with making
and revising laws; made up of both houses of Congress at the federal level, and the
houses of a state legislature at the state level
 Executive Branch - One of the three branches of government, tasked with executing
and enforcing laws; made up of the president and the president's cabinet at the
federal level, and the governor and the governor's cabinet at the state level
 Judicial Branch - One of the three branches of government, tasked with interpreting
laws; made up of the U.S. Supreme Court and the federal district and appellate
courts at the federal level, and the state supreme court and lower state courts at the
state level
 Checks and Balances - The powers of each branch of government to restrain the
other two branches to prevent a single branch from exerting too much power
 Due Process Clause - A clause in the U.S. Constitution prohibiting the government
from depriving a person of life, liberty, or property without conducting a fair and just
proceeding, such as a hearing where the person at issue is able to testify in his or
her own defense
 Commerce Clause - A clause in the U.S. Constitution that grants Congress the
power to pass laws related to interstate commerce or anything that may
substantially affect interstate commerce

For more legal definitions, visit the FindLaw Legal Dictionary.

Other Considerations When Hiring a Constitutional Lawyer

When people think of constitutional law, they naturally think of blockbuster cases
like Brown v. Board of Education, which banned racial segregation in schools, or Roe v.
Wade, which struck down state bans on some abortions. But many constitutional law
cases are decided in lower state and federal courts, where everyday legal disputes can
bring up constitutional issues. This is why many people consult constitutional law attorneys
when facing any constitutional issue, no matter how big or small.

If you are facing a constitutional legal issue, contact a constitutional lawyer immediately to
protect your rights and explore your legal options.
What is Constitutional Law?

Constitutional law deals with the fundamental principles by which the government exercises its authority. In
some instances, these principles grant specific powers to the government, such as the power to tax and
spend for the welfare of the population. Other times, constitutional principles act to place limits on what the
government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations,
including the United States, constitutional law is based on the text of a document ratified at the time the
nation came into being.

The U.S. Constitution itself became the law of the land well over 200 years ago, and the tenets set forth in
the document remain in full force today. The way in which the Constitution is applied, though, has always
been subject to court interpretation. As circumstances and public opinion evolve through the years, so too do
the interpretations offered by the courts. From time to time, it even becomes necessary to amend the
Constitution to keep pace with changes in the country's beliefs and values. For example, the practice of
slavery - expressly allowed by the Constitution in its original form - was prohibited through a constitutional
amendment passed in the year 1865.

Bringing a Claim in Federal Court

As a practical matter, constitutional law provides a means for individuals and organizations to protect their
interests by filing a lawsuit against those who infringe upon their rights. However, the Constitution does not
permit just anyone to go into federal court and assert a claim for compensation or other relief. Certain
requirements must be met. If these conditions are satisfied, the plaintiff is said to have "standing," meaning
the court will agree to hear the plaintiff's case and render a decision.

In order for a plaintiff to have standing there must be a live controversy for the federal court to consider. The
issue of standing is not as simple as it may appear. For instance, a landowner who learns that transportation
officials are considering the construction of a highway across his or her property might file a lawsuit claiming
that the proposal is an unconstitutional taking of private property by the government. In this situation, the
court is likely to dismiss the claim for lack of standing. Because the transportation officials are merely
considering building the highway, the claim is not yet ripe for adjudication. The federal court will not render
an advisory opinion about something that may or may not occur in the future.

Violations of Equal Protection and Due Process

Once a plaintiff demonstrates standing to bring a claim, any number of constitutional provisions can form the
basis of the lawsuit. Two of the most common grounds are alleged violations of equal protection and due
process. The equal protection clause of the Constitution prohibits the government from treating classes of
people differently in the absence of a compelling reason for doing so. If the government wants to pass a law
that draws a distinction between people based on race, gender, or other such characteristics, it must be able
to demonstrate a highly important purpose, and the law must be narrowly tailored to achieve that purpose.
This is a difficult burden for the government to meet.

Similarly, the due process clause of the Constitution requires the government to have an adequate reason
for taking away a person's life, liberty, or property. And even if a sufficiently adequate reason exists, the
government must establish a fair procedure of which individuals can avail themselves. Consider the example
of city officials who seek to take away the liquor license belonging to a local restaurant. To justify its actions,
the government points to three instances in the past six months when the restaurant served alcohol to
underage customers. Assuming this is a sufficient reason to take away the license, the government must still
provide the restaurant owner with a hearing, right to appeal, or similar procedures for contesting the action.

Individual Rights under the Constitution

Having recently won their independence from the British, the framers of the Constitution were
understandably weary of governmental intrusion into the lives of American citizens. The first ten
amendments to the Constitution, known as the Bill of Rights, reflect this concern. In fact, the First
Amendment alone contains numerous protections, including the freedom of the press and the freedom of
association. It also protects the right to free speech, allowing individuals to openly voice their opinions, even
when those opinions are critical of the government or unpopular among the majority of Americans. Individual
rights, like other constitutional guarantees, are protected by the rule of law and those who are aggrieved can
turn to the courts for redress.

Hiring a Constitutional Law Attorney

Some of the most important court cases in U.S. history came about as a result of individual citizens standing
up for their constitutional rights. If you believe the government or a private party has infringed on your rights,
contact an attorney today to learn about your legal options.