Constitutional law governs the rights and laws that originate from the U.S. Constitution. These laws provide the rules and regulations that govern the United States in addition to the rights of citizens who reside in the country.
Constitutional laws regulate local, state, and federal governments in the United States. They provide parameters and guidelines for what a government is permitted or not permitted to do.
The Constitution also provides the basic rights of citizens. Every state also has its own constitution in addition to the U.S. Constitution that governs the citizens who reside in that state.
Constitutional laws are the supreme laws in the U.S. Any laws or rules that are created by states or by Congress cannot violate the Constitution.
What Is the 14th Amendment?
There are numerous clauses in the 14th Amendment to the United States Constitution that deal with the rights of private citizens in relation to state and local governments. Examples of commonly cited clauses in the 14th Amendment include:
- Citizenship clause: This clause focuses on the definition of a United States citizen, mostly in relation to birthright citizenship;
- Privileges or immunities clause: This clause prevents the United States government from creating any laws that would deny citizens of their privileges or immunities;
- Due process clause: This clause requires the government to provide due process for citizens whenever it seeks to impose a burden on them or their property;
- This includes both procedural due process, such as providing fair notice, and substantive due process, including protections found in the Bill of Rights;
- Equal protection clause: This secures the right to be free from discrimination based on:
- sex;
- nationality;
- disability; and
- other characteristics; and
- Various other clauses: These include clauses regarding public debt and enforcement of constitutional laws.
What Does Due Process Mean?
The due process clause comes from the 14th Amendment. The importance of the 14th Amendment is based, in part, on the importance of due process.
The due process clause is one of the most focused-on issues in the amendment. There have been numerous landlord Supreme Court cases that involved due process, such as Roe v. Wade.
Any time a state or state official seeks to impose a burden upon a citizen or upon their property, they must provide the citizen with due process. The two categories of due process include procedural due process and substantive due process.
Procedural due process means that the government must provide a citizen with:
- Notice;
- An opportunity to participate in an oral hearing; and
- The right to a decision made by a neutral decision maker.
For example, if the government is seeking to take land from a citizen, it must provide procedural due process by providing notice as well as other measures before taking the land. Substantive due process, on the other hand, involves the various fundamental rights that are provided in the Bill of Rights.
Violations of substantive due process rights or procedural due process rights may prevent a government from imposing the desired burden upon the citizen.
What Are Some Common 14th Amendment Lawsuits?
The purpose of 14th Amendment rules includes outlining constitutional rights that apply to each state regardless of state laws. There are numerous civil lawsuits involving issues that are covered by the 14th Amendment.
This because this amendment is a particularly broad amendment that covers issues include:
- Procedural and substantive due process;
- Citizenship;
- Privileges;
- Immunities of citizens; and
- Other rights.
Common examples of 14th amendment lawsuits may include:
- Due process violations;
- Discrimination lawsuits, especially those related to employment discrimination;
- Various citizenship disputes;
- Privileges and immunity lawsuits such as those involving religious rights and freedom of speech or press; and
- Various family law matters including marriage rights and rights regarding birth control.
This amendment has been the subject of more lawsuits than any other provision of the United States Constitution. These types of lawsuits continue today as newer issues arise related to the amendment.
How Are 14th Amendment Lawsuits Resolved?
Lawsuits involving the 14th Amendment typically involve broad, comprehensive rules or policies that may affect entire groups in a community. Because of this, 14th Amendment lawsuits often result in an overhaul or a rewriting of company policies, handbooks, and other such measures.
For example, the remedy in an employment discrimination case may require an employer to rewrite the company’s hiring policies in the handbook so they reflect a non-discriminatory hiring process. 14th Amendment lawsuits may be filed as class action lawsuits.
These types of lawsuits may lead to very significant damages awards that are issued to members of the class named in the lawsuit. One example of this is when the constitutional rights of a group in a community have been violated.
In many cases, 14th Amendment legal issues will require intervention from a government agency. This applies especially in cases that involve issues of anti-discrimination provisions and equal protection.
Typically, a plaintiff would be required to file a complaint with the appropriate government agency before being allowed to file a lawsuit. For example, when a plaintiff is required to file a claim with the Equal Employment Opportunity Commission (EEOC) for a discrimination claim.
In some cases, a lawsuit may only be filed after the investigation by a government agency does not resolve the issue in the case. In certain cases, a waiver may be obtained that allows the individual to file a lawsuit before filing a claim with an agency.
A violation of 14th Amendment rights may lead to major leave remedies, including injunctions or damages awards. For example, if a government entity violates an individual’s due process rights, the government entity may be required to return the seized property or other similar remedies.
How Can a 14th Amendment Lawyer Help with Legal Issues?
As noted above, the 14th Amendment is one of the more broad parts of the Constitution that covers a wide range of legal concepts and ideas. Because so many issues may be involved in these types of cases, it may be helpful to consult with a 14th Amendment lawyer.
A lawyer can help with the many 14th Amendment legal issues such as:
One single legal claim may involve numerous different constitutional issues and laws. These cases may be complicated to sort out, especially if there are multiple different violations involved in one case.
Do I Need a Lawyer for Help with 14th Amendment Issues?
Constitutional issues may be complex and difficult to understand. Constitutional rights may also affect large groups of people.
If you have any issues, questions, or concerns related to a constitutional issue, it may be helpful to consult with a government lawyer. Your lawyer can provide you with advice and guidance regarding your constitutional rights.
In addition, your lawyer will represent you anytime you need to attend court hearings. If you are required to file a claim with a government agency prior to filing a lawsuit, your lawyer will advise you regarding the correct entity and the filing process.
