Constitutional law, Body of rules, doctrines, and practices that govern the operation of political
communities. In modern times the most important political community has been the state.
Modern constitutional law is the offspring of nationalism as well as of the idea that the state must
protect certain fundamental rights of the individual. As the number of states has multiplied, so
have constitutions, and with them the body of constitutional law, though sometimes such law
originates from sources outside the state. Every political community, and thus every state, has a
constitution, at least insofar as it operates its important institutions according to some
fundamental body of rules. Constitutions may be written or unwritten, codified or uncodified,
and complex or simple, and they may provide for vastly different patterns of governance.
constitutional law, the body of rules, doctrines, and practices that govern the operation of
political communities. In modern times the most important political community has been
the state. Modern constitutional law is the offspring of nationalism as well as of the idea that the
state must protect certain fundamental rights of the individual. As the number of states has
multiplied, so have constitutions and with them the body of constitutional law, though sometimes
such law originates from sources outside the state. The protection of individual rights,
meanwhile, has become the concern of supranational institutions, particularly since the mid-20th
century.
Source: https://www.britannica.com/topic/constitutional-law
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What is Constitutional Law?
Created by FindLaw's team of legal writers and editors | Last updated July 01, 2019
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.
While federal law applies to all 50 US states, state law is individual. Laws that are put in place in
individual states do not apply to other states. This means that it's possible to do something that is legal in
your home state, while the same act could earn you a fine in another state
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.
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a
list of the most important rights to the citizens of a country. The purpose is to
protect those rights against infringement from public officials and private citizens
1 Freedom of religion, speech, press, assembly, and petition.
2 Right to keep and bear arms in order to maintain a well regulated militia.
3 No quartering of soldiers.
4 Freedom from unreasonable searches and seizures.
5 Right to due process of law, freedom from self-incrimination, double jeopardy.
6 Rights of accused persons, e.g., right to a speedy and public trial.
7 Right of trial by jury in civil cases.
8 Freedom from excessive bail, cruel and unusual punishments.
9 Other rights of the people.
10 Powers reserved to the states.
Source: https://users.csc.calpoly.edu/~jdalbey/Public/Bill_of_Rights.html
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. You can learn more about the
law on our constitutional law legal answers page.
Source:
https://www.findlaw.com/hirealawyer/choosing-the-right-lawyer/constitutional-law.html
