Constitutional

That which Is consonant to, and agrees with, the constitution.

That which is consonant and agrees with the constitution. Laws made in violation of the constitution are null and void. It is well established that it is the function of the courts so to declare them in any case coming before the court, which involves the question of their constitutionality. See infra. "An unco: tional law is not a law." Chicago, I. & L. Ry. Co. v. Hackett, 228 U. S. 559, 33 Sup. Ct. 5S1, 57 L. Ed. —. The presumption is always in favor of the constitutionality Of a law, and the party alleging the opposite must clearly establish it; Fletcher v. Peck, 6 Cra. ( i'. S.) 87, 3 L. Ed. 162; Sw. Kechel, 159 U. S. 3S0, 16 Sup. Ct. 43, 40 L. Ed. 1SS; U. S. v. Ry. Co.. 160 D. EL 668, 16 Sup. Ct. 1-7. K> L. Ed. 576; Ex parte Davis, 21 Fed. 396; Swing v. Hoblitzelle, S5 Mo. 64; Pleuler v. state, ll Neb. 547, 10 N. W. 481; Oom'rs Of Leavenworth County v. Miller. 7 Kan. 47!>. 12 Am. Rep. 42.".; Sawyer v. Dooley, -l Nev. 390, 32 Pac. 437; In re League Island. 1 P.rewst. (Pa.) •"•_' 1: People v. Reardon, 184 N. Y. 431, 77 x. E. 970, 8 L. R. A. iX. S.) 314, 112 Am. St. Rep. 628, <"> Ann. ('as. 515; Xew York v. Reardon, 415, 9 Ann. Cas. 736; where an act is capable of two interpretations, the court will adopt that which will sustain it rather than that which will render it void as unconstitutional; St. Louis Nat. Bank v. Papin, 4 Dill. 29, Fed. Cas. No. 12,239; the incompatibility of the statute with the constitution should be so clear as to leave little reason for doubt before it is pronounced to be invalid; Ex parte Garland, 4 Wall. (U. S.) 333, 18 L. Ed. 3G6. An act may be declared partly valid and partly void as unconstitutional; Com. v. Kimball, 24 Pick. (Mass.) 361, 35 Am. Dec. 326; Berry v. R. Co., 41 Md. 446, 20 Am. Rep. 69; Mc Pherson v. Secretary of State, 92 Mich. 377, 52 N. W. 469, 16 L. R. A. 475, 31 Am. St. Rep. 587; In re Sternbach, 45 Fed. 175; Marshall Field & Co. v. Clark, 143 U. S. 649, 12 Sup. Ct. 495, 36 L. Ed. 294; Unity v. Burrage, 103 U. S. 459, 26 L. Ed. 405; Presser v. Illinois, 116 U. S. 252, 6 Sup. Ct. 580, 29 L. Ed. 615; Gamble v. Mc- Crady, 75 N. C. 509. A part of a law may be unconstitutional, while there is no such objection to the remaining parts, and in this case all of the law stands, except that part which is unconstitutional; People v. Van De Carr, 178 N. Y. 425, 70 N. E. 965, 66 L. !R. A. 189, 102 Am. St. Rep. 516; Cella Commission Co. v. Bohlinger, 147 Fed. 419, 78 C. C. A. 467, 8

Consistent with the constitution; authorized by the constitution; not conflicting with any provision of the constitution or fundamental law of the state. Dependent upon a constitution, or secured or regulated by a constitution; as "constitutional monarchy," "constitutional rights."

— Constitutional convention. A duly constituted assembly of delegates or representatives of the people of a state or nation for the purpose of framing, revising, or amending its constitution.

— Constitutional liberty or freedom. Such freedom as is enjoyed by the citizens of a country or state under the protection of its constitution; the aggregate of those personal, civil, and political rights of the individual which are guarantied by the constitution and secured against invasion by the government or any of its agencies. People v. Hurlbut, 24 Mich. 106, 9 Am. Rep. 103.

— Constitutional law.
(1) That branch of the public law of a state which treats of the organization and frame of government, the organs and powers of sovereignty, the distribution of political and governmental authorities and functions, the fundamental principles which are to regulate the relations of government and subject, and which prescribes generally the plan and method according to which the public affairs of the state are to be administered.
(2) That department of the science of law which treats of constitutions, their establishment, construction, and interpretation, and of the validity of legal enactments as tested by the criterion of conformity to the fundamental law.
(3) A constitutional law is one which is consonant to, and agrees with, the constitution ; one which is not in violation of any provision of the constitution of the particular state.

— Constitutional officer. One whose tenure and term of office are fixed and defined by the constitution, as distinguished from the incumbents of offices created by the legislature. Foster v. Jones, 79 Va. 642, 52 Am. Rep. 637 ; People v. Scheu, 60 App. Div. 592, 69 N. Y. Supp. 597.

Relating to the forming of or secured or regulated by a constitution tution.

Consistent with the constitution; authorized by the constitution; not conflicting with any provision of the constitution or fundamental law of the state. Dependent upon a constitution, or secured or regulated by a constitution; as “eonstitutional monarchy,” “constitutional _ rights.”

that which is consonant to, and agrees with the constitution. When laws are made in violation of the constitution, they are null and void: but the courts will not declare such a law void unless there appears to be aclear and unequivocal breach of the constitution. 4 Dall. R.14; 3 Dall. R. 399; 1 Cranch, R. 137; 1 Binn. R. 415; 6 Cranch, R. 87, 136; 2 Hall’s Law Journ. 96, 255, 262; 3 Hall’s Law Journ. 267; Wheat. Dig. tit. Constitutional Law. CONSTITUTED AUTHORI-