Constitutional Law

What Is Constitutional Law?

An introduction to constitutional law — the rights it protects, how it shapes government, and why it matters to everyday Americans.

4 min read

Key Takeaways

  • Constitutional law refers to rights and powers established by the U.S. Constitution and individual state constitutions.
  • Most constitutional issues involve the Bill of Rights — the first 10 amendments to the U.S. Constitution.
  • State constitutions may grant additional rights, but cannot take away any rights guaranteed by the federal Constitution.
  • Constitutional law also governs the structure and powers of the three branches of government.
  • Supreme court rulings at both the federal and state level are the primary source of constitutional law.

What is constitutional law?

Constitutional law usually refers to rights granted by the U.S. Constitution. Cases often involve the Bill of Rights, or the respective rights of federal and state governments.

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.

The Bill of Rights

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.

The Bill of Rights was ratified in 1791 as a direct response to concerns that the original Constitution did not adequately protect individual liberties. Over time, the Supreme Court has expanded and clarified the scope of these protections through landmark rulings.

Federal vs. state constitutions

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.

This means that a state can offer its residents greater protections than the federal Constitution requires — but it can never offer less. When a conflict arises between state and federal law, federal law generally prevails under the Supremacy Clause.

The structure of government

Constitutional law also involves the rights and powers of the branches of government. Both the federal and state constitutions outline three branches of government — legislative, executive, and judicial — and give distinct powers and responsibilities to each one.

Constitutional lawyers also help resolve disputes among the branches. These disputes can involve questions about whether a law passed by Congress exceeds its constitutional authority, whether an executive action oversteps the president's powers, or whether a court has jurisdiction over a particular matter.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. For advice about your specific situation, consult a licensed attorney.

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