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

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.