We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is a Constitutional Attorney?

By Christy Bieber
Updated Mar 02, 2024
Our promise to you
Practical Adult Insights is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At Practical Adult Insights, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

A constitutional attorney is an attorney who files lawsuits when there is a question of constitutionality. Constitutional attorneys practice in every country in which a constitution is the chartering document of the country. This means that there are constitutional lawyers in Canada and the United States, for example, but not in Britain where there is no formal written constitution.

When a constitution exists, it is the supreme law of the land. A constitution can exist on the state level or the federal level. This means, for example, that the United States Constitution governs the entire United States. Each state is under the control of the United States, but can also write its own constitution that applies within that state.

Because a constitution is the supreme law of the land, all other laws and rules must not violate the constitution; that means they cannot be unconstitutional. If a law is passed by the legislature that may violate the principles contained in the constitution, plaintiffs affected by that law can sue. A constitutional attorney would handle the case.

A constitutional attorney would also handle litigation that arises from a plaintiff's belief that his constitutional rights have been violated. For example, if a plaintiff believes he has been unfairly arrested for protesting in violation of his constitutional right for free speech, that plaintiff would hire a constitutional lawyer to sue the police force or the individual who arrested him.

Cases arising from the federal Constitution are normally brought before a federal court. If the question raises particular interest and either the plaintiff or defendant appeals, the case could go before the Supreme Court. In the United States, for example, when a plaintiff sued a school alleging that the presence of the words "under God" in the Pledge of Allegiance was a violation of his constitutional right to freedom of religion, a constitutional attorney represented that plaintiff.

Constitutional lawyers play an important role in safeguarding the freedoms within a country. Under separation of powers and rules of jurisdiction, courts cannot hear a case unless there is an actual controversy. In other words, the court can't just say that they think a law is unconstitutional; a plaintiff must sue and challenge the law and the court then can make a ruling on whether the law violates constitutional rights or not.

When the constitutional attorney represents a plaintiff and brings the case before the court, the court then has a chance to rule on the law. If the law is found unconstitutional, it is struck down as invalid. This provides an important check on the legislative branch's power.

Practical Adult Insights is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By Markerrag — On Jan 27, 2015

@Soulfox -- True, but trial attorneys deal with Constitutional law regularly. A criminal law attorney, for example, deals with prohibitions against self incrimination, the right to a speedy trial and other important Constitutional considerations.

Not all lawyers are dealing with cases that blaze new legal trails, but virtually all attorneys work to see that their clients' Constitutional rights are protected. That is an important job.

By Soulfox — On Jan 26, 2015

The funny thing is, just about all lawyers would love to be "Constitutional attorneys," but few of them ever make it to that level. In law school, students spend a lot of time going over cases that present Constitutional questions. When they go into practice, they find themselves trying to figure out how to float clients for a third driving while intoxicated charge and that type of thing.

The world needs trial attorneys and what they do is important. Not all attorneys can deal with Constitutional questions, and that is more than OK.

Practical Adult Insights, in your inbox

Our latest articles, guides, and more, delivered daily.

Practical Adult Insights, in your inbox

Our latest articles, guides, and more, delivered daily.