Overview of Constitutional Law

The United States Constitution is the foundation of American law. It divides power among three branches of government and sets up a balance between federal and state authority. It also enshrines fundamental rights and freedoms. These continue to be interpreted by courts and fought for through the political process.

The following provides an overview of key constitutional rights. For legal help in your situation, reach out to a constitutional law attorney.

What Is Constitutional Law?

Constitutional law is the body of law that interprets, applies, and enforces the U.S. Constitution. It outlines the roles of the legislative, executive, and judicial branches of government. It also protects individual rights and fundamental freedoms such as freedom of speech, due process, and equal protection under the law.

The U.S. Supreme Court has authority to interpret the U.S. Constitution, including the power to invalidate laws that conflict with constitutional provisions. As the highest tribunal in the United States, the Supreme Court is tasked with ensuring “equal justice under law.”

Through judicial review, federal courts establish minimum constitutional protections. This baseline is often referred to as a “federal floor” that all states must abide by.

Articles of the Constitution of the United States

The first three articles of the U.S. Constitution outline the three branches of the federal government and creates the balance of powers. The fourth through sixth articles provide protections and rights to states and citizens.

Article I

The first article establishes Congress as the lawmaking branch of the government. It creates the House of Representatives and the Senate as two chambers of Congress with legislative power.

Congress has the powers of taxation, regulation of commerce, declaring war, and maintaining armed forces. It also establishes the Necessary and Proper Clause, which enables Congress to make laws needed to carry out enumerated powers. This article also included limits on Congressional power.

Article II

Article II establishes the executive branch. The powers and duties of the president include enforcing laws, carrying out duties as the commander-in-chief, negotiating treaties, and appointing federal officers or judges.

Article II outlines the electoral college system for selecting new presidents and vice presidents. Finally, it places a limit on executive power by establishing grounds for impeachment and removal from office.

Article III

The judicial branch of the government is defined in Article III. This includes the establishment of the U.S. Supreme Court and lower federal courts.

The U.S. judiciary has the power to interpret and apply the law. The article also guarantees trial by jury in criminal cases while defining treasonous actions and limits on punishment.

Article IV

Article IV defines the relationship between the states and the federal government. It contains a Full Faith and Credit Clause, which requires states to respect other states’ laws, public records, and court decisions.

Article IV also contains the Privileges and Immunities Clause that entitles citizens of each state to the rights afforded by all states. It outlines the process of admitting new states and federal authority over territories.

Article V

Article V outlines the process for amending the Constitution to account for changing future needs of the country. There are two methods for proposing new amendments:

1. By Congress, with two-thirds approval from both chambers
2. By constitutional convention, called by two-thirds of state legislatures. Ratification of the change requires approval by three-fourths of the states.

Article VI

Article VI establishes that the Constitution is the “supreme law of the land” that prevails over state laws and provides the final say when state laws conflict with each other.

It requires all government officials, state and federal, to take an oath to support the Constitution. It also prohibits religious tests as a qualification for office.

Article VII

The final article of the Constitution is the ratification of the document. It required approval by nine of the original thirteen states for the Constitution to take effect.

Understanding the Bill of Rights

The Bill of Rights comprises the first ten amendments to the U.S. Constitution. They were ratified on December 15, 1791. James Madison introduced these amendments to address concerns raised by Anti-Federalist framers about the potential for government overreach. They serve as a foundational safeguard of individual liberties against federal encroachment.

Initially, the Bill of Rights applied only to the federal government. However, many of its provisions have been applied to the states via the Fourteenth Amendment’s Equal Protection and Due Process Clauses. This process has been carried out through various U.S. Supreme Court decisions, ensuring that state governments also uphold fundamental rights.

Here is a selection of the Bill of Rights that apply to individual freedoms.

First Amendment: Freedom of Speech, Religion, Press, Assembly, and Petition

The First Amendment guarantees several fundamental freedoms. It has been interpreted and applied though a vast body of case law.

The Establishment Clause prohibits Congress from establishing a national religion, while the Free Exercise Clause protects individuals’ rights to practice their religion freely.

Individuals have the right to express ideas and information without government interference. The First Amendment also ensures that the press has the right to inform the public and hold the government accountable. People can hold public meetings and form associations without interference by the government.

Finally, it guarantees the right to appeal to the government in favor of or against policies you find objectionable or harmful.

Second Amendment: Right To Bear Arms

The Second Amendment protects the right to keep and bear arms. This right has been the subject of extensive legal interpretation, balancing individual rights with public safety concerns.

The right to bear arms was established during a time when states maintained militias for defensive protection. The Second Amendment was intended to protect the establishment and maintenance of militias to ensure state freedoms. The U.S. Supreme Court has ruled that the Second Amendment guarantees an individual’s right to own firearms for self-defense.

Third Amendment: Quartering of Soldiers

The Third Amendment prohibits the forced housing of soldiers in private homes during peacetime without the owner’s consent. It protects civilians from military intrusion into their lives.

Fourth Amendment: Protection from Unreasonable Searches and Seizures

The Fourth Amendment ensures that citizens are secure in their persons, houses, papers, and effects against unreasonable searches and seizures. It requires law enforcement to have probable cause and, in most cases, a warrant to conduct searches and seizures.

Fifth Amendment: Due Process, Self-Incrimination, Double Jeopardy

The Fifth Amendment includes the right to due process, which guarantees that everyone receives fair treatment through the judicial system. It also affords the right against self-incrimination, meaning you can’t be forced to testify against yourself.

Individuals are also protected from being tried twice for the same offense (known as double jeopardy). It also protects private property from being taken for public use without just compensation under the eminent domain power.

Sixth Amendment: Right to a Fair Trial

The Sixth Amendment ensures a fair trial to accused individuals. It does this by guaranteeing that trials are conducted without unnecessary delay and are open to the public.

It guarantees a trial by an impartial jury of the state and district where the crime was committed. There is also a requirement that the accused be informed of the nature and cause of the accusation. Those accused of something have the right to be confronted with the witnesses against them and obtain witnesses in their favor.

Seventh Amendment: Right to a Jury Trial in Federal Civil Cases

The Seventh Amendment establishes the right to a jury trial in federal civil cases where the value in controversy exceeds twenty dollars. It also limits judicial review of a jury’s factual determinations in a case.

Eighth Amendment: Protection from Cruel and Unusual Punishment

The Eighth Amendment prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment. This provision has been interpreted to prevent certain forms of punishment that are deemed inhumane or disproportionate to the offense.

Ninth Amendment: Unenumerated Rights

The Ninth Amendment clarifies that the Bill of Rights is not a complete list of all fundamental rights. Just because a right is not explicitly listed in the Bill of Rights doesn’t mean it does not exist. These are known as unenumerated rights and have been interpreted and developed by the courts through case law.

Tenth Amendment: Federalism

The Tenth Amendment establishes the balance of power between the federal government and the states. Powers that the Constitution does not delegate to the federal government or prohibit to the states are reserved to the states or the people.

Key Protections: Due Process and Equal Protection

Two key protections established in the U.S. Constitution are the right of due process of law and equal protection. These protections ensure the government doesn’t overstep its power and that it treats all citizens fairly.

Due Process: Procedural and Substantive

The Fifth and Fourteenth Amendments contain the right of due process. These clauses outline that the government cannot deprive individuals of life, liberty, or property without due process of law.

This is the right of procedural due process. It requires the government to follow fair procedures before depriving an individual of life, liberty, or property.

The second part of this protection is the right of substantive due process. This protection prevents government interference in fundamental rights.

Equal Protection

The Equal Protection Clause of the Fourteenth Amendment mandates that no state shall deny to any person within its jurisdiction the equal protection of the laws. In other words, this clause prohibits discrimination by the government against individuals or groups.

Equal protection was initially applied to racial discrimination but has expanded to prohibit discrimination based on gender, sexual orientation, and other protected characteristics.

What Is a Constitutional Rights Violation?

A constitutional rights violation occurs when a government entity acts in a manner that infringes upon rights protected by the U.S. Constitution.

The U.S. Constitution primarily limits governmental actions and does not generally apply to private individuals or entities. This principle is known as the “state action doctrine.” A violation can occur on a federal, state, or local level.

When To Contact a Constitutional Law Attorney

You should consider consulting a constitutional law attorney if you think your constitutional rights have been violated. Constitutional law attorneys specialize in interpreting and applying the U.S. Constitution to safeguard individual rights.

There are several instances when you should contact an attorney to provide legal guidance and representation:

• Arrested or prosecuted in a manner that potentially violates constitutional rights, such as unlawful searches or coerced confessions
• When a government official or agency infringes your rights, such as through excessive force, discrimination, or denial of due process.
• If your rights to free speech, religious practice, or peaceful assembly are restricted or infringed upon by government action
• If the government exceeded its constitutional limits in conducting unwarranted surveillance or unlawful detentions

Constitutional law attorneys are familiar with the applicable statute of limitations, which vary based on the nature of the claim and the jurisdiction. If involved early, they can help gather and preserve valuable evidence. An attorney will also create a strategic plan of legal action that includes choosing the appropriate court to bring the claim and the most effective legal arguments.

Protect Your Fundamental Rights

The U.S. Constitution is not just history. It is a living document applied every day in cases involving free speech, due process, equal protection, and more. It also cannot enforce itself. Government officials as well as citizens must enact constitutional rights and the rule of law.

When your rights are at stake, a constitutional law attorney can provide essential guidance.