Cecily Zamora
Constitutional law deals with the interpretation and application of a country's constitution. It involves questions of sovereignty and democracy, and in the US, the Supreme Court has the authority to decide matters of constitutional law through its power of judicial review. Constitutional law cases can be commenced against individuals, organisations or corporations, and the process typically involves complying with relevant rules and procedures, such as identifying the decision or conduct being challenged and explaining the reasons for the challenge. These cases often revolve around fundamental rights and freedoms, such as the right to speak, write, vote, privacy, equal protection, and the rights of the accused.
| Characteristics | Values |
|---|---|
| Scope | Interpretation and application of the United States Constitution |
| Focus | Judicial interpretations and opinions, and judicial reaction to societal pressures |
| Authorities | The Supreme Court, Congress, the President, and the Federal Court |
| Powers | Judicial review, passing laws, and executive power |
| Actions | Declaring actions of governmental bodies unconstitutional, preventing enforcement, and providing fair processes |
| Topics | Federalism, governmental control of the economy, right to speak, write, vote, privacy, equal protection, and rights of the accused |
| Amendments | Second, Ninth, Tenth, Fourteenth, and Fifteenth |
| Interpretation | Wide-ranging, with debates and controversies over exact implications |
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What You'll Learn
Judicial interpretation and opinion
The interpretation and application of the United States Constitution are at the heart of constitutional law. This area of law often involves fundamental questions of sovereignty and democracy.
The US Constitution grants Congress wide-reaching authority to pass laws on a range of topics, but it also prohibits Congress from taking certain actions. For example, until the Sixteenth Amendment, Congress could not directly tax US citizens unless it was proportioned to each state's population.
The Supreme Court has the power of judicial review, which allows it to declare governmental actions unconstitutional and prevent their enforcement. This power was first exercised in the classic case of Marbury v. Madison in 1803. The Supreme Court's rulings are, therefore, a key focus of constitutional law.
The exact implications of constitutional rights have been widely debated and controversial, leading to an extensive case law interpreting each amendment. For instance, in District of Columbia v. Heller, the Supreme Court interpreted the Second Amendment as preventing the government from interfering with an individual's right to possess firearms for self-defence, regardless of militia membership.
The Fourteenth Amendment, prohibiting states from infringing on the "rights and immunities" of any person without due process, has also had a significant impact on constitutional law. The Supreme Court has interpreted this amendment as protecting almost all the rights listed in the first eight amendments from state interference. This interpretation led to the creation of the incorporation doctrine and the substantive due process doctrine.
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Separation of powers
Constitutional law cases often concern the separation of powers, a doctrine that divides governmental power among three branches: the legislative, executive, and judicial. This structure aims to prevent any one branch from becoming too powerful and ensures a system of checks and balances.
The legislative branch makes the laws, the executive branch enforces them, and the judicial branch interprets them. Each branch has its own authority and must also depend on the authority of the others for the government to function effectively.
The legislative power of the Federal Government is vested in Congress, which consists of a Senate and a House of Representatives. The executive power is vested in the President, who becomes the Commander-in-Chief of the military and has the power to make treaties and appointments to office with the advice and consent of the Senate. The President also has the responsibility to ensure the faithful execution of the laws made by Congress and approved by the President. The judicial power is vested in the Supreme Court and any lower courts created by Congress.
The separation of powers doctrine is not explicitly mentioned in the text of the Constitution, but it is implied through the division of governmental powers among the three branches. Some key constitutional provisions that have been sources of modern separation-of-powers disputes include Article I, Section 7, which requires legislation passed by Congress to be presented to the President for signature or veto before becoming law. Another example is Article II's Vesting Clause, which states that executive power shall be vested in the President.
The Supreme Court has played a significant role in interpreting and upholding the separation of powers. For instance, in Marbury v. Madison, the Court interpreted Article VI of the Constitution as forbidding Congress from enlarging the original jurisdiction of the Supreme Court beyond the boundaries established in Article III. In another case, Immigration and Naturalization Service v. Chadha, the Court affirmed the legislative procedure outlined in Article I, Sections 1 and 7, as integral to the constitutional design for the separation of powers.
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Federalism
Constitutional law cases are disputes that pertain to the interpretation of a country's constitution. These disputes are settled by a country's highest court. One such example in the United States is the Marbury v. Madison case of 1803, in which the U.S. Supreme Court first exercised the right of judicial review.
In Canada, the dynamic between federalism and victims' rights is an area of interest. The country's Constitution Act of 1867 previously allowed provinces significant autonomy in amending their provincial constitutions. However, with the Constitution Act of 1982, amendments are now subject to the federal standard of fundamental rights. This shift has given the Supreme Court a central role in interpreting and enforcing these rights, ensuring compliance with the Charter. In R v. Brydges (1990), the Supreme Court ruled that the police's failure to inform the accused of legal aid resources violated the Charter, leading to updated requirements for police across all jurisdictions.
The interplay between federalism and provincial or state autonomy is also evident in the debate around prosecutorial powers. While some argue that provinces have traditionally held constitutional power over prosecutions under the 1867 Constitution, the Supreme Court has leaned toward interpreting prosecutions as a matter of federal powers delegated to the provinces. This interpretation allows for discretionary decisions by provincial prosecutors but limits the scope of provincial non-enforcement policies.
Additionally, federalism has implications for criminal justice and constitutional rights. For instance, in the United States, the Virtual Library of the Office of Justice Programs offers resources on constitutional law cases, including those related to federalism. These cases explore the complex dynamics between federal and state institutions sharing powers, as well as governmental control of the economy and individual rights, such as the right to speak, write, and vote.
In summary, federalism in the context of constitutional law cases involves examining the distribution of powers and rights between different levels of government. It shapes the relationship between federal and provincial or state authorities, influencing areas such as victims' rights, prosecutorial powers, and the interpretation of individual freedoms.
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Right to privacy
Constitutional law cases are disputes that are reviewed by the Supreme Court to determine whether a law or action is unconstitutional. One of the rights protected by constitutional law in the United States is the right to privacy.
The right to privacy in the US has a long and evolving history. The Supreme Court first recognised the "right to privacy" in Griswold v. Connecticut (1965). In this case, the Supreme Court found an implied right to privacy in the Constitution, derived from the personal protections expressly stated in the First, Third, Fourth, Fifth, and Ninth Amendments. The Court interpreted these protections as creating a “zone of privacy”.
Before Griswold, Louis Brandeis, who would later become a Supreme Court Justice, co-authored a Harvard Law Review article titled "The Right to Privacy". In this article, Brandeis advocated for the “right to be let alone”.
In privacy cases following Griswold, the Supreme Court has often relied on Justice Harlan's concurrence rather than Justice Douglas's majority opinion. Eisenstadt v. Baird (1971) and Lawrence v. Texas (2003) are two notable cases in which the Court extended the right to privacy. In Eisenstadt, the Supreme Court extended the right to purchase contraceptives to unmarried couples, finding that the "constitutionally protected right of privacy inheres in the individual, not the marital couple". In Lawrence, the Court extended the right to privacy to "persons of the same sex [who choose to] engage in... sexual conduct", relying on the Fourteenth Amendment's guarantee of due process.
Another important case concerning the right to privacy is Roe v. Wade, in which the Supreme Court used the right to privacy derived from the Fourteenth Amendment to protect an individual's right to have an abortion. However, following the Dobbs decision, the Court overturned Roe v. Wade, and the right to abortion no longer falls under the broader right to privacy.
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Due process
Constitutional law cases are disputes that end up in court and involve issues concerning the interpretation of the U.S. Constitution. One of the most well-known constitutional clauses is the Fourteenth Amendment's Due Process Clause. This clause has been interpreted by the Court to impose on the states many of the Bill of Rights' limitations. This is sometimes referred to as "incorporation against the states through the Due Process Clause".
The Due Process Clause of the Fourteenth Amendment has been the basis for many high-profile Supreme Court cases. One of the most controversial due process doctrines is "substantive due process". This doctrine has little support in the text and history of the Constitution and has long been a source of political debate. It replaces popular sovereignty with the views of unelected Supreme Court justices.
Substantive due process protects rights not specifically listed in the Constitution, such as the right to direct the education and upbringing of one's children, the right to procreate, the right to bodily integrity, the right to use contraception, the right to marry, the right to abortion, and the right to sexual intimacy.
In the 1970 case of Goldberg v. Kelly, the Court found that some governmental benefits, such as welfare benefits, amount to "property" with due process protections. In Citizens United v. FEC (2010), the Court held that the First Amendment prohibits banning political speech based on the speaker's corporate identity.
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Frequently asked questions
A constitutional law case deals with the interpretation and application of a country's constitution. For example, in the US, the Supreme Court has the authority to decide questions of constitutional law through its power of judicial review.
Some examples of constitutional law cases in the US include Marbury v. Madison (1803) and District of Columbia v. Heller.
The steps involved in a constitutional law case can vary depending on the jurisdiction. In Australia, for example, there are specific rules and procedures to follow, including providing notice to the Attorneys-General and complying with relevant legislation and court rules.
Key issues in constitutional law often relate to fundamental questions of sovereignty and democracy. For instance, the interpretation of the Due Process Clause of the Fourteenth Amendment in the US Constitution has had wide-reaching effects on individual rights and the powers of the federal government.
