Constitutional law focuses on the interpretation and application of the U.S. Constitution, which outlines the powers and limitations of the federal government and the rights of individual citizens. Key topics in constitutional law include the separation of powers, federalism, judicial review, due process, equal protection, and fundamental rights. Attorneys must be well-versed in constitutional principles to ensure that their clients' rights are protected and that government actions adhere to constitutional requirements.
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There must be a genuine, ongoing dispute across all review levels, not just at the time of filing. To determine whether a case or controversy exists, the case must satisfy requirements for standing, ripeness, and mootness, and must not present a political question. If moot, a case is dismissed, unless recurring wrongs evade review, defendant voluntarily stops but could restart the challenged action, or a class action member has an ongoing injury.
In order to establish standing for a federal court hearing, a party must demonstrate: (1) injury or imminent injury, (2) caused by the defendant's actions, and (3) that the court is capable of providing a remedy. Congressional statutes cannot directly grant standing, but they can create legal rights, the infringement of which can provide grounds for standing. Typically, plaintiffs, either as citizens or taxpayers, are only granted standing to sue the government in disputes over Establishment Clause expenditures.
Constitutional rights are generally enforceable only against governmental entities. Private action may be considered governmental, thus subject to constitutional scrutiny, if (1) the government is significantly involved in the private action, or (2) the private action constitutes a function that has been traditionally and exclusively carried out by the government (such as running a town). However, merely providing essential services, such as fire and police protection, is not sufficient to classify private action as state action.
Under the rational basis test, a law will be upheld if it is reasonably related to a legitimate government interest. The challenger has the burden of proof. The court will look to any conceivable purpose, not necessarily the actual purpose.
For a law to pass strict scrutiny, the government must show that it is necessary to achieve a compelling government purpose and it is the least restrictive means of achieving that interest. The government bears the burden of proof.
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