DEFINITION

• Constitutional Law refers to the law of federal and state constitutions, their establishment, construction and interpretation.

• The U.S. Constitution is the foundation for the country's system of government. The Constitution defines the organization of the government.

• The three branches of the federal government, executive, legislative, and judicial, are established in accordance with the Constitution. The powers of the federal government are derived from the Constitution, while limits on those powers are contained in the Constitution and its amendments.

• The first ten amendments, the Bill of Rights, were adopted together in response to concerns that the Constitution did not adequately define the rights of the governed.

• Early in the nation's history, the U.S. Supreme Court determined that it was the role of the judicial branch to interpret the Constitution. Constitutional law, therefore, is almost always decided in federal court.

• The Constitution was initially intended to define the powers of the federal government. State powers were limited only in areas that were necessary to the function of the nation as a union of states.

FIND A CONSTITUTIONAL LAW PRACTITIONER IN YOUR AREA.

RELATED PRACTICE AREAS

Employment Law - Employee
Employment Law - Employer
Criminal Law
Civil Rights Law
Health & Healthcare Law
Communications & Media Law

BUZZWORDS

Affirmative Action - Employment programs required by federal statutes and regulations designed to remedy discriminatory practices in hiring minority group members. Factors considered are race, color, sex, creed and age.

Bill of Rights - The first ten amendments to the U.S. Constitution providing for individual rights, freedoms, and protections.

Checks and Balances - Arrangement of governmental powers whereby the powers of one governmental branch check or balance those of other branches.

Commerce Clause - The constitutional provision which gives Congress the exclusive power to regulate commerce among the states and foreign nations. (U.S. Constitution Art. 1, Sec. 8)

Due Process Clause - The constitutional provision that prohibits the government from unfairly or arbitrarily depriving a person of life, liberty or property.

Exclusionary Rule - The legal rule that states where evidence has been obtained in violation of the search and seizure protections guaranteed by the U.S. Constitution, the illegally obtained evidence cannot be used at the trial of the defendant.

First Amendment - The constitutional amendment ratified with the Bill of Rights in 1791, guaranteeing the freedoms of speech, religion, press, assembly and the right to petition the government for the redress of grievances.

Fourth Amendment - The constitutional amendment guaranteeing people the right to be secure in their homes and property against unreasonable searches and seizures, and providing that no warrants shall issue except upon probable cause.

Freedom of Press - The right to publish and distribute one's thoughts and views without governmental restriction as guaranteed by the First Amendment to the U.S. Constitution.

Freedom of Religion - The right to believe in any form of religion, and to practice or exercise one's religious beliefs free from unreasonable governmental interference as guaranteed by the First Amendment.

Freedom of Speech - The right guaranteed by the First Amendment to the U.S. Constitution to express one's thoughts and views without governmental restrictions.

Libel - A method of defamation expressed by print, writing, pictures, or signs. In its most general sense, any publication that is injurious to the reputation of another.

Public Figure - Those who have assumed roles of special prominence in society.

Search and Seizure - The body of law which covers the issues of examining a person's property with the intention of finding evidence not in plain view (search) and taking possession of that property against the will of its owner or possessor (seizure).

Separation of Powers - Doctrine which states that one branch of government (legislative, executive or judicial) is not permitted to encroach on the domain or exercise the powers of another branch.

Slander - The speaking of defamatory words tending to prejudice another in his reputation, community standing, office, trade, business, or means of livelihood.

PRACTICE AREA NOTES

• It's natural to think of Constitutional Law as only federal law. The Constitution is a federal document, as is the Bill of Rights. However, each state also has its own constitution. As with its federal counterpart, there are state constitutional issues that are litigated in state court.