Constitutional law is a body of laws and rights that originate from the Constitution of the United States. These laws include the rules and regulations that govern the U.S. and the rights of the individuals who reside there.
Constitutional laws regulate all governments in the U.S., including federal, state, and local governments. Constitutional laws provide the parameters for what governments are permitted to do and what they are prohibited from doing.
Additionally, the Constitution outlines the basic rights of the citizens of the U.S. Each state in the U.S. also has its own constitution, which governs its citizens.
Constitutional laws are commonly associated with certain fundamental rights, including:
- Equal protection;
- The right to bear arms;
- Freedom of religion; and
- The right to free speech.
The authority on any constitutional issue is the United States Supreme Court. The only way a decision made by the United States supreme court can be overridden is with a constitutional amendment that is provided by ¾ of the states.
Constitutional attorneys are lawyers who assist their clients by defending the U.S. Constitution and the freedoms and rights guaranteed to all U.S. citizens. Constitutional attorneys play an important role in protecting the freedoms within the U.S., and the rights and freedoms promised to its citizens in the Constitution.
Constitutional laws are the highest laws of the land in the U.S. Any other law or rule created by a state or Congress cannot violate the Constitution.
Constitutional lawyers can support plaintiffs in lawsuits where they believe their constitutional rights were violated.
What are Constitutional Rights?
There are numerous constitutional rights which are afforded to citizens, including:
- Freedom of speech;
- Freedom of religion;
- The right to bear arms;
- Freedom from unreasonable search and seizure;
- Protection from self-incrimination;
- Due process of law as well as the right to a trial by jury for criminal charges; and
- Equal protection.
What is the 14th Amendment?
The 14th Amendment is an amendment to the United States Constitution. It has numerous clauses that outline the rights and private citizens concerning local and state governments.
Examples of the most commonly cited clauses in the 14th Amendment include:
- Citizenship Clause: This clause defines a United States citizen, mainly concerning birthright citizenship;
- Privileges and Immunities Clause: This clause prohibits the U.S. government from creating any law that would deny citizens of their privileges or immunities;
- Due Process Clause: This clause requires the government to provide due process for a citizen whenever it seeks to impose a burden on the individual or their property;
- This includes both procedural due process, which includes providing fair notice, and substantive due process, which includes protections found in the Bill of Rights;
- Equal Protection Clause: This clause provides the right to be free from discrimination based on:
- sex;
- nationality;
- disability; and
- other characteristics; and
- Various other clauses: These clauses include information related to public debt and enforcement of constitutional laws.
What is Due Process?
As noted above, the 14th Amendment includes the due process clause. This is one of the most focused-upon portions of this amendment.
Many landmark Supreme Court cases deal with the concept of due process, including Roe v. Wade. When a state official or a state seeks to impose a burden upon a citizen or their property, the state is required to provide the individual with due process.
There are two categories of due process: procedural due process and substantive due process. Procedural due process means that a government is required to provide an individual with:
- Notice;
- The opportunity for an oral hearing; and
- The right to a decision made by a neutral decision maker.
For example, if the government seeks to take a portion of an individual’s property, they must provide notice as well as just compensation before taking the land. This concept is also referred to as eminent domain.
Substantive due process involves the securing of various fundamental rights which are listed in the Bill of Rights. A violation of a substantive due process or a procedural due process right may prevent the government from imposing the requested burden upon a citizen.
What is the Purpose of the 14th Amendment?
The 14th Amendment was adopted on July 9, 1868. It was one of the amendments that were enacted during the Reconstruction period.
The 14th amendment addressed the various rights and equal protections of constitutional laws. It was enacted mainly in response to issues that remained after the Civil War ended.
The 14th Amendment is one of the more commonly litigated amendments of the Constitution. It applies mostly to the actions of local and state officials.
What are Some Common 14th Amendment Legal Issues?
The 14th Amendment is one of the broader amendments to the Constitution. It covers a broad range of legal ideas and concepts, some of which commonly include:
- Citizenship claims;
- School-related incidents, often involving issues with due process;
- Discrimination lawsuits, which stem from the equal protection provisions in the 14th amendment; and
- Travel rights under the privileges and immunities clause.
One legal claim often involves several different constitutional laws and issues. In some cases, these may be difficult to sort out, especially if multiple violations occurred in one case.
How are 14th Amendment Disputes Resolved?
Like many other constitutional law disputes, 14th amendment legal issues often require a government agency to intervene. This applies especially in cases involving anti-discrimination or equal protection provisions in a dispute.
In many cases, a plaintiff is required to file a complaint with the appropriate government agency before they are allowed to file a lawsuit in court. One common example of this issue is when a plaintiff has a discrimination claim, and they are required to first file with the Equal Employment Opportunity Commission (EEOC).
In certain cases, a lawsuit may only be permitted after a government agency investigation was not helpful or did not resolve the issue. This may vary by case.
In certain cases, a waiver may be provided, allowing an individual to file their lawsuit directly before filing it with an agency. A violation of the 14th Amendment is considered serious and may lead to legal remedies, including damages, awards, or injunctions.
For example, if a government entity violated an individual’s due process rights, the entity may be required to return any property seized or another similar remedy. If an injunction is ordered, it may prevent the government entity from taking property from a citizen.
Do I Need a Lawyer for Help with 14th Amendment Legal Issues?
Constitutional laws may be complex and often require an attorney’s assistance to resolve. If you have any issues, questions, or concerns related to the 14th Amendment, it may be helpful to consult with a contract lawyer if you believe your rights may have been affected.
Your lawyer can review your case, determine if you are required to file with a government agency before filing a lawsuit, and assist you throughout the process. It is important to note that many governments and government agencies have attorneys on their staff whose job is to defend them against any lawsuits.
Because of this, it is important to have an attorney who will help ensure your rights are protected.
