Constitutional Law

Facial vs. As-Applied Constitutional Challenges: What Exactly Is Being Challenged? A facial constitutional challenge argues that a law is unconstitutional in itself, while an as-applied constitutional challenge argues that a law is unconstitutional as applied to a particular person or set of circumstances. The distinction is fundamental to constitutional litigation. Read more

Constitutional Challenges: How a Law Is Challenged as Unconstitutional A law is challenged as unconstitutional when a person, organization, or government entity with a proper legal claim asks a court to determine whether the law is consistent with the Constitution. In the United States, this usually happens through an actual Read more

Standing, Justiciability, and Access to Constitutional Courts Standing and justiciability determine whether a constitutional dispute can properly be heard by a court. In the United States, a person cannot ordinarily ask a federal court to decide a constitutional question simply because they believe that government has acted unlawfully. The plaintiff Read more

Constitutional Remedies: What Happens When Government Violates the Constitution? When government violates the Constitution, the legal system can provide several different remedies depending on the nature of the violation, the government actor involved, the right that was violated, and the circumstances of the case. Constitutional remedies can include invalidating or Read more

Constitutional Privacy and the Right to Be Left Alone: Privacy, Liberty, and the Limits of Government Power Constitutional privacy is the principle that government cannot intrude upon certain aspects of an individual’s life without sufficient constitutional justification. Although the U.S. Constitution does not contain a single provision stating “the right Read more

Freedom of Religion and the Constitution: Religious Liberty, the First Amendment, and the Limits of Government Power Freedom of religion is the constitutional principle that government may not establish an official religion or prohibit individuals from freely practicing their religion. In the United States, this protection is principally expressed through Read more

Fundamental Rights and Constitutional Limitations: How Constitutional Rights Are Protected and Restricted Fundamental rights are among the most important protections in a constitutional legal system. They safeguard individual liberty, equality, dignity, participation in public life, and other interests considered sufficiently important to receive heightened constitutional protection. But fundamental rights are Read more

Constitutional Rights vs. Statutory Rights: What Is the Difference? Constitutional rights and statutory rights are both legally enforceable rights, but they do not have the same source, status, or protection. A constitutional right derives from a constitution—such as the United States Constitution—and therefore operates at the highest level of the Read more

Equal Protection and Constitutional Equality: How the Constitution Limits Discrimination by Government Equal protection is the constitutional principle that government must not arbitrarily treat similarly situated people differently under the law. In the United States, the central constitutional source is the Equal Protection Clause of the Fourteenth Amendment, which provides Read more