A constitutional lawyer is an attorney who represents clients in cases involving constitutional issues. The United States Constitution is a type of federal law that is considered the Supreme Law of the United States. As a result, most cases involving constitutional issues are heard in federal courts.
The Constitution, like any other law, imposes certain obligations on citizens. The Constitution primarily requires legislatures, courts, and other law-making bodies to follow certain behavioral guidelines. Any law passed must not infringe on a person’s constitutional rights, according to the Constitution.
A constitutional question can be raised when a person believes his constitutional rights are being violated a law. He has the right to sue the party who made the law for violating his rights. He can also sue another entity if he believes it is infringing on his constitutional rights.
The person who believes his constitutional rights are being violated will then be represented a constitutional lawyer. On behalf of the person whose rights have been violated, the constitutional lawyer will file a lawsuit in federal court. The basis for the lawsuit will be the rights guaranteed the Constitution.
Each state has its own constitution, and states are responsible for upholding both the federal and state constitutions. If a claim is based on state law, the case will be heard in state court rather than federal court. In this case, the plaintiff will be represented a lawyer who is knowledgeable about the state constitution.
A constitutional lawyer must prove that his client’s constitutional rights are being violated, regardless of whether the case is based on the federal or state constitution. This can include debates over how various constitutional provisions should be interpreted. It may also entail presenting evidence of how those rights were infringed upon.
Many well-known cases have been decided on the basis of constitutional rights. For example, Roe v Wade, the well-known abortion case, is founded on the constitutional rights to due process and privacy. A constitutional lawyer argued this case on behalf of a woman who believed that denying her the right to an abortion amounted to denying her constitutional right to freedom.
Constitutional lawyers frequently represent clients in high-profile cases that reach the Supreme Court. Lawyers must be well-versed in legal interpretation and be able to back up their arguments with references to the constitution as well as previous interpretations. Many lawyers who work on constitutional cases work for legal aid organizations or for a non-profit organization to defend what they believe are the nation’s fundamental rights and freedoms.