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Constitutional Law

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Constitutional law concerns the fundamental rules that define how government is structured and what limits it must respect. It governs the relationship between individuals and the government, and between different branches and levels of government.

This area covers two broad themes. The first is the structure of government, including the separation of powers among the branches and the division of authority between national and state governments. The second is individual rights, such as freedom of speech and religion, protections against unreasonable searches, guarantees of fair procedure, and equal treatment under the law.

A key concept for non-lawyers is that constitutional protections generally restrain government action, not the conduct of private individuals or companies. Another is that courts interpret broad constitutional language and apply it to specific disputes, and that these protections often appear inside other types of cases, such as criminal matters, public employment disputes, or challenges to government regulations.

People encounter constitutional law most directly when a government action affects them, for example a law they believe restricts a protected freedom, a government decision made without fair process, or treatment they believe is discriminatory. Because these questions are abstract and high-stakes, individuals and organizations usually consult a lawyer when a government rule, policy, or action appears to infringe a basic right.

Share of classified federal decisions

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share of classified federal decisions

Of the federal decisions we've classified by topic, the share each year that fall under this practice area — so a persistently high line means this is a large, enduring share of federal litigation. This is not a share of all litigation: only part of the corpus is topic-classified (unevenly across eras), and an opinion can belong to several areas, so areas need not sum to 100%. State cases are largely unclassified, so this is federal only. The dip in the last several years is a data-coverage gap — our corpus holds fewer opinions from the most recent years — not a real decline.

Circuit splits in constitutional

Legal questions the federal courts of appeals are divided on — each links to the cases creating the split.

From the OpenJurist Bookshop

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Related practice areas

Administrative LawBonds and Government Finance LawCivil Rights LawElection Campaign and Political LawEnvironmental LawFalse Claims Act LawGovernment Contract LawMilitary Law

Primary law

The governing U.S. Code, statutes and founding documents for Constitutional Law.

Key definitions

Defined terms that recur in constitutional law — each links to its dictionary entry.

ConstitutionDue ProcessEqual ProtectionJurisdictionStandingSovereign ImmunityCommerce ClauseEstablishment ClausePrior RestraintRational BasisIncorporationSeparation Of Powers

Landmark cases (105)

showing 24 of 105

Landmark cases are the Supreme Court decisions that defined or reshaped Constitutional Law — establishing the controlling principles courts still apply. Current law leads; where a decision overruled an earlier landmark, the superseded case is shown beneath it.

Superseded decisions

Constitutional Law by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • Protesting Power: War, Resistance, and Law - Paperback
    Protesting Power: War, Resistance, and Law - Paperback
    Francis A. Boyle
  • Commentaries on the Constitution of the United States - Hardcover
    Commentaries on the Constitution of the United States - Hardcover
    Joseph Story
  • The Records Of The Federal Convention Of 1787 V3 (1911) - Paperback
    The Records Of The Federal Convention Of 1787 V3 (1911) - Paperback
  • Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives - Paperback
    Surveillance and Privacy in the Digital Age: European, Transatlantic and Global Perspectives - Paperback
  • The American Revolution: A Constitutional Interpretation - Hardcover
    The American Revolution: A Constitutional Interpretation - Hardcover
    Charles Howard McIlwain
  • Current Issues in Korean Law - Hardcover
    Current Issues in Korean Law - Hardcover
  • Enhancing Government: Federalism for the 21st Century - Hardcover
    Enhancing Government: Federalism for the 21st Century - Hardcover
    Erwin Chemerinsky
  • The Constitution Of The Animal Creation As Expressed In Structural Appendages (1857) - Paperback
    The Constitution Of The Animal Creation As Expressed In Structural Appendages (1857) - Paperback
    George Calvert Holland
  • The Principles of the Administrative Law of the United States - Hardcover
    The Principles of the Administrative Law of the United States - Hardcover
    Frank J. Goodnow
  • Constitutional History of the American Revolution - Paperback
    Constitutional History of the American Revolution - Paperback
    John Phillip Reid
  • Bottlenecks: A New Theory of Equal Opportunity - Paperback
    Bottlenecks: A New Theory of Equal Opportunity - Paperback
    Joseph Fishkin
  • Secession on Trial - Hardcover
    Secession on Trial - Hardcover
    Cynthia Nicoletti
  • Compliance Biden - Paperback
    Compliance Biden - Paperback
    Eric Thomsen
  • A General View of the Origin and Nature of the Constitution and Government of the United States [1837] - Hardcover
    A General View of the Origin and Nature of the Constitution and Government of the United States [1837] - Hardcover
    Henry Baldwin
  • Australian Constitutional Values - Paperback
    Australian Constitutional Values - Paperback
  • The Constitution of Malaysia - Paperback
    The Constitution of Malaysia - Paperback
    Andrew Harding
  • Promises on Prior Obligations at Common Law - Hardcover
    Promises on Prior Obligations at Common Law - Hardcover
    Kevin M. Teeven
  • Amendment XVII: Establishing Election to the U.S. Senate - Paperback
    Amendment XVII: Establishing Election to the U.S. Senate - Paperback
  • Fragile Democracies - Hardcover
    Fragile Democracies - Hardcover
    Samuel Issacharoff
  • Toward a Usable Past: Liberty Under State Constitutions - Paperback
    Toward a Usable Past: Liberty Under State Constitutions - Paperback
  • The Hampton Roads Conference: The Southern View - Paperback
    The Hampton Roads Conference: The Southern View - Paperback
    Lochlainn Seabrook
  • How to Read the Constitution: Originalism, Constitutional Interpretation, and Judicial Power - Paperback
    How to Read the Constitution: Originalism, Constitutional Interpretation, and Judicial Power - Paperback
    Christopher Wolfe
  • Guarding Life's Dark Secrets: Legal and Social Controls Over Reputation, Propriety, and Privacy - Hardcover
    Guarding Life's Dark Secrets: Legal and Social Controls Over Reputation, Propriety, and Privacy - Hardcover
    Lawrence M. Friedman
  • The Debate that Changed the West: Grotius versus Althusius - Paperback
    The Debate that Changed the West: Grotius versus Althusius - Paperback
    Ruben Alvarado

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.