Legal Dictionary: Constitutional Law

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
• Bill of Rights
• Checks and Balances.
• Commerce Clause
• Due Process Clause
• Exclusionary Rule

For more definitions, visit the FindLaw Legal Dictionary.

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.