Constitutional Law FAQ

Whether you are challenging laws that violate your rights or defending/challenging legislation, a constitutional law attorney in CA can help you. At Gelb Law, our constitutional lawyer aims to provide clients with valuable insights and answers. Below are some of the most common questions we receive from clients. To obtain guidance more specific to your situation, call us today at 833-543-5252 to schedule a free consultation.

What is Constitutional Law in the United States?

Constitutional law in the United States refers to the body of legal principles, precedents, and doctrines that revolve around the interpretation and application of the U.S. Constitution. It encompasses the rights and limitations imposed on the government and individuals. As such, it sets out basic rights and freedoms of U.S. citizens and establishes legal parameters for what all levels of government (federal, state, and local) can and cannot do with respect to citizens. 

Constitutional law is dynamic, and as changes in politics and culture develop, constitutional lawyers can raise important constitutional questions within the courts to ascertain the meaning and enforcement of laws.  

Each state has its own constitution, too. Constitutional lawyers can provide the same legal services to citizens and businesses but on a state level. 

What is the U.S. Constitution, and What Does It Contain?

The U.S. Constitution is the supreme law of the land and contains:

  • The Preamble, setting forth the goals of the Constitution
  • Seven Articles outlining the structure of the federal government
  • Amendments (27 in total), including the Bill of Rights (the first ten amendments), which safeguard individual rights and liberties

When it comes to interpreting the meaning and purpose of the laws set forth in the U.S. Constitution, the U.S. Supreme Court is the final authority. Only an amendment to the U.S. Constitution can override a U.S. Supreme Court decision.

The same is true at the state level. The state constitution is supreme, and each state has its own supreme court that wields great power over state laws and, consequently, public policy.

How Do You Challenge a Law as Unconstitutional in the United States?

Challenging a law as unconstitutional typically involves filing a lawsuit in federal or state court. Your attorney will argue that the law violates specific constitutional provisions. The court will review the case based on constitutional principles.

What Is the Process for Amending the U.S. Constitution?

The amendment process requires a proposed amendment to be either passed by a two-thirds majority in both houses of Congress or via a constitutional convention called for by two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-fourths (38 out of 50) of state legislatures or state conventions to become part of the Constitution.

Does the Constitution Protect Individual Rights and Liberties in CA?

Regardless of where you live or visit, the U.S. Constitution safeguards individual rights through the Bill of Rights (e.g., freedom of speech, religion, and the right to bear arms) and subsequent amendments (e.g., the right to vote and protection against cruel and unusual punishment). The judiciary plays a crucial role in interpreting and enforcing these rights.

What Rights are Protected by the U.S. Constitution?

Each citizen has certain rights directly and indirectly created by and through the U.S. Constitution. These rights include but are not limited to:

  • Equal protection
  • Freedom of speech
  • Freedom of religion
  • Due process
  • Privacy rights
  • Judicial Review
  • Right to travel across state lines
  • Right to marry
  • Right to raise children

Alleged suspects or convicted criminals also have rights established by the U.S. Constitution. These rights include: 

  • Fourth Amendment rights, including but not limited to the right to be free from illegal search and seizures
  • Fifth Amendment rights, including but not limited to the right to be silent, Miranda rights, and the right against double jeopardy
  • Sixth Amendment rights, including but not limited to a right to a speedy trial, the right to an impartial jury, the right to assistance of counsel, the right to confront witnesses, the right to be informed of the charges being brought, and the right to compel witnesses to appear in court
  • Eighth Amendment rights, which refers to the rules on bail and limitations on criminal sentencing
  • Fourteenth Amendment rights, which include criminal due process rights

Each state can expand on these legal protections and rights, but they cannot supersede or override U.S. constitutional protections and rights. 

Can Businesses in CA Challenge or Defend Laws on Constitutional Grounds?

Yes, businesses can challenge or defend laws on constitutional grounds. This often occurs in cases related to regulatory compliance, intellectual property rights, or contracts. Our skilled constitutional attorney in CA can help navigate these issues.

How Does Constitutional Law Impact Government Organizations in the United States?

Constitutional law governs the powers and limitations of government agencies. It works to ensure that government actions, regulations, and policies are consistent with constitutional provisions, including due process, equal protection, and separation of powers.

Government agencies include all departments and agencies at the federal, state, and local levels.

What Is the Role of Judicial Review in U.S. Constitutional Law?

Judicial review, established by the landmark case Marbury v. Madison (1803), empowers the federal judiciary, particularly the Supreme Court, to review and potentially invalidate laws and government actions found to be unconstitutional. It serves as a critical check on government power.

Can Government Organizations Challenge Laws in the United States?

Yes, government organizations can challenge laws, including federal and state agencies. They may do so if they believe a law or regulation infringes on their constitutional authority or if they seek clarification on a legal issue.

How Does Constitutional Law Evolve in the United States?

Constitutional law evolves through judicial interpretations, amendments, and societal changes. Landmark Supreme Court decisions, such as Brown v. Board of Education (1954) and Obergefell v. Hodges (2015), have played pivotal roles in adapting constitutional principles to contemporary issues.

Can the U.S. Constitution Be Suspended During Emergencies?

The U.S. Constitution remains in effect even during emergencies, like war, pandemics, or environmental catastrophes. However, some rights may be subject to limited restrictions to protect public safety, provided these restrictions are narrowly tailored and temporary.

What Should You Expect When Working with a Constitutional Lawyer in CA?

Because constitutional law covers a wide range of legal issues, from suing a public agency for violating your rights to challenging a law or regulation, the timelines and processes vary greatly. What you should expect, however, is quality legal representation by your constitutional lawyer. 

At Gelb Law, our constitutional lawyer will meet and exceed your expectations. Contact us at 833-543-5252 to schedule a free consultation where we will review your constitutional issue and clarify what the process and timeline might look like for you specifically. 

How Much Does a Constitutional Lawyer Cost in CA?

Constitutional attorney lawyers fees vary widely. Part of the equation is the attorney's experience, qualifications or specializations, and jurisdiction. Another part of the equation is the legal matter itself – its complexity and the potential of legal action going all the way to the state supreme court or U.S. Supreme Court. The last part of it involves how the attorney charges its fees and costs. Lawyers approach billing differently, including:

  • Hourly rates
  • Fixed fees
  • Contingency basis
  • Subscription basis

Most constitutional lawyers provide legal services on an hourly basis. You can expect to pay at least $100 hourly but as much as $1,000 per hour for larger law firms.

In some situations, however, your attorney can ask for an award of attorney's fees if the constitutional law case is litigated and you win. All of these things should be discussed with the lawyer. 

Contact a Constitutional Lawyer in CA Today

Constitutional law can be intricate, and its interpretation can vary. At Gelb Law, we aim to provide comprehensive, thoughtful legal services for each of our clients. For personalized legal advice or assistance with your specific case, consult with our qualified constitutional lawyer in CA. We can be reached at 833-543-5252 or fill out the online form to schedule a free consultation.

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At Gelb Law, APC, we focus on Appeals, Military Justice & National Security, Civil Litigation, and Legal Ethics and we are here to listen to you and help you navigate the legal system.

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Gelb Law, APC is committed to answering your questions about Appeals, Military Justice & National Security, Civil Litigation, and Legal Ethics law issues in California. We offer Free Consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.