{"id":357979,"date":"2016-04-04T10:46:18","date_gmt":"2016-04-04T15:46:18","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/choosing-the-right-lawyer\/constitutional-law.html"},"modified":"2023-09-01T16:28:34","modified_gmt":"2023-09-01T21:28:34","slug":"constitutional-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/choosing-the-right-lawyer\/constitutional-law.html","title":{"rendered":"What Is Constitutional Law?"},"content":{"rendered":"\n
\n

What Is Constitutional Law?<\/h1>\n\n
\n
\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n
\n
\n

Constitutional law is the body of law that interprets and applies the rights, powers, and limits outlined in the U.S. Constitution and the case law built around it. It governs the relationship between individuals and the government, shaping everything from civil liberties to the structure of federal and state institutions.<\/p>\n<\/div>\n<\/div>\n

<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

When disputes arise over government authority or individual rights, constitutional law provides the framework courts use to resolve them.<\/p>\n

Landmark U.S. Supreme Court decisions like\u00a0Dobbs v. Jackson Women’s Health Organization<\/i><\/a>\u00a0(2022) and\u00a0Obergefell v. Hodges<\/i><\/a> (2015) have increased interest in constitutional law. It may surprise some people to learn how much constitutional law influences their daily lives. They’re accustomed to thinking about the U.S. Constitution in the context of civil rights and the First Amendment. Occasionally, they may think about criminal rights and the Miranda warning.<\/p>\n

\n
\n

Constitutional rights exist because the Constitution establishes a framework that protects personal liberty and ensures fair treatment under the law. When those rights are violated, constitutional law<\/a> provides people with a path to seek remedies and hold the government accountable.<\/p>\n

This article reviews the basis for constitutional law. Learn more about the origin of your civil and legal rights and how constitutional attorneys<\/a> challenge unconstitutional laws and defend civil liberties.<\/p>\n<\/div>\n<\/div>\n

What Does Constitutional Law Cover?<\/h2>\n

Constitutional law focuses on the legal rights and prohibitions spelled out in the U.S. Constitution, plus related case law<\/a>. Civil and criminal cases brought under the Constitution have created the case law that governs this area.<\/p>\n

States have their own constitutions that in many ways mirror the federal constitution. These constitutions guarantee the same rights in the states as the U.S. Constitution guarantees across the nation. State constitutions may establish different rights and prohibitions. They may not remove any federal rights.<\/p>\n

If there is any dispute between a state’s constitution and the U.S. Constitution, the U.S. Constitution prevails. This is because of the\u00a0supremacy clause<\/a>, a section of the U.S. Constitution that says federal law takes priority over state laws.<\/p>\n

Whenever there is a dispute between what an individual wants to do and what the government says they should do, it involves constitutional law. Federal and state constitutions describe:<\/p>\n