Legal Definitions - constitutional

The term constitutional refers to anything that is either connected to, or in agreement with, a constitution. A constitution is the fundamental set of laws and principles that establishes the powers and duties of a government and guarantees certain rights to its people. Therefore, something described as constitutional aligns with these foundational rules and principles.

• Example 1: When a new federal law is proposed, legal scholars often debate whether its provisions are constitutional. For instance, if Congress proposes a law that would allow the government to monitor all private email communications without a warrant, many would argue that such a law is not constitutional because it likely infringes upon the Fourth Amendment's protection against unreasonable searches and seizures.

  Explanation: In this context, "constitutional" refers to whether the proposed law is valid and permissible under the existing framework and rights established by the U.S. Constitution. If it violates a fundamental right, it is deemed unconstitutional.

• Example 2: A state's highest court might issue a ruling clarifying the scope of the governor's emergency powers during a natural disaster. This ruling would be considered a matter of constitutional interpretation, as it defines the boundaries of authority granted to a branch of government by the state's foundational document.

  Explanation: Here, "constitutional" describes an issue that directly pertains to the interpretation and application of the powers and structures outlined in a constitution, specifically regarding the executive branch's authority.

• Example 3: During a presidential election, candidates often discuss their views on various constitutional amendments, such as the First Amendment's guarantee of free speech or the Second Amendment's right to bear arms. Their stances reflect their understanding of these fundamental principles and how they should be applied in modern society.

  Explanation: This usage of "constitutional" highlights that the discussion is centered on specific parts of the Constitution itself – the amendments – which are integral to the nation's foundational legal framework and individual liberties.