Constitutional Law has been defined as the "law of government under the Constitution."
It establishes the structure for governments, assigns rights and duties, and provides the framework for creating all other laws.
The Constitution is the document establishing and limiting a nation's government powers. Such nations include, among others, the United States. The Constitution is drafted by agents of a population and ratified through a consensual process.
The Constitution's text grants the government power to do such things as tax and spending to benefit the population's welfare. It also places limits on what the government can do. For example, it prohibits the government from arresting someone without sufficient cause. This is in keeping with the Constitution's principles.
The Constitution of the United States is the framework that establishes and regulates the United States government, as well as the relationships between each of the nine sovereign states that the founding fathers recognized as forming the nation. It outlines the powers and responsibilities of each branch of government, as well as the relationship between the national government and the states.
The Constitution went into effect on September 17, 1787. Article III of the Constitution established the Supreme Court of the United States - the court of appeals - and is responsible for interpreting the intentions of the founding fathers and determining Constitutional changes that state or national governments deem necessary
A year after the Constitution was enacted, the Bill of Rights was ratified. The Bill of Rights - a collection of amendments - spelled out certain rights, protections, and freedoms that citizens were entitled to, and many of them had the additional effect of limiting the government's authority, especially concerning individuals deemed to be citizens of nobility.
Even if you and the person you sued don't live in the United States, you can still file a lawsuit in federal court. U.S. citizens or corporations can file a lawsuit against someone outside the United States.
However, the case may be dismissed if the defendant can show that it doesn't have enough contacts in the United States. The U.S. court may not be able to hold a foreign defendant responsible if it has no connection to the country.
The Constitution provides a practical means for U.S. citizens, companies, and organizations to protect themselves and others' rights. This forms civil lawsuits, mainly against those who infringe on those constitutional rights. That said, constitutional standing requires that specific requirements be met. If those requirements are met, the court will hear the case and decide.
Just because it seems like something does not mean it should be ignored. For example, suppose a landowner learns that highway officials are planning to construct a highway across their property. The landowner could file a lawsuit challenging the constitutionality of the taking, but a court would likely dismiss it for lack of standing.
The Equal Protection Argument
The foundations of the lawsuit are accusations of a denial of equal protection and due process of law. The Equal Protection Clause forbids the government from treating people of the same class differently unless it can provide a compelling justification for doing so. If the state wants to pass a law distinguishing between people based on race, gender, or some other category, it must be able to demonstrate a fundamental purpose, and the law must be narrowly tailored to achieve that purpose. This is a complicated burden for the state to meet.
And even if a sufficiently adequate reason exists, the government must establish a fair procedure of which individuals can avail themselves.
Individual liberties include civil and political rights (such as the right to life, liberty, and the pursuit of happiness) and the right to own property, as well as legal safeguards in the criminal justice system.
The Constitution of the United States is a document that sets out the roles and powers of the executive, legislative, and judicial branches of government. The first ten amendments to the Constitution, known as the Bill of Rights, reflect this concern. The First Amendment alone contains numerous protections, including the freedom of the press and the freedom of association.
It also protects the right to free speech, allowing individuals to express their opinions, even when they are critical of the government or unpopular among most Americans. Like other constitutional guarantees, individual rights are protected by the Rule of law, and those who are aggrieved can turn to the courts for redress.
