Also known as:US Constitution · United States Constitution · Constitution of the United States · Federal Constitution · U.S. Const.
Written by attorneys · grounded in primary & secondary sources — see below
The organic document that serves as the supreme law of the United States. It establishes the structure of the federal government by vesting legislative power in Congress, executive power in the President, and judicial power in the federal courts while imposing limits on governmental authority through enumerated rights and structural safeguards.
Sources & Authorities· 15 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Model Codes
Restatements
Casebooks
How it applies
Common Examples
6
Presidential Term And Election
Ugo Uberti, a state governor, directs his legislature to appoint electors equal to the state's congressional delegation. The electors meet and cast ballots for President and Vice President. The process fulfills the vesting of executive power and the four-year term requirement.
Supplemental Claim In Federal Court
Uma Upadhyay sues a federal agency in district court under a federal statute and adds a related state-law tort claim arising from the same incident. The court exercises authority over the state claim because it forms part of the same constitutional case or controversy.
Admissibility Of Relevant Evidence
Uma Underwood offers a witness statement showing that a defendant crossed state lines on the date in question. The court admits the statement because no constitutional provision, statute, or evidence rule bars it.
Oath Requirement For Bar Applicant
Ulric Unger, applying for admission to the state bar, signs an oath to support the federal and state constitutions. The licensing authority accepts the oath as a valid, non-vague commitment to constitutional processes.
Privilege Governed By Common Law
Usha Upton, a civil plaintiff, seeks to compel production of documents. The court applies federal common law to determine whether a privilege exists because the claim arises under federal law and no constitutional or statutory rule displaces it.
Constitutional Privacy Protection
Una Ueda challenges a state statute that criminalizes private medical decisions between spouses. The court recognizes an implied liberty interest rooted in constitutional text and precedent that invalidates the statute.
Griswold v. Connecticut381 U.S. 479 (1965)
Common questions
Frequently Asked
5
What structural principle does the vesting of powers in separate branches illustrate?+
The Constitution divides governmental authority among three branches to prevent concentration of power. Article II vests executive power in the President for a fixed term. This separation is reinforced by parallel vesting clauses for legislative and judicial power.
Supporting sources
How does the Constitution interact with supplemental jurisdiction statutes?+
Section 1367(a) expressly ties supplemental jurisdiction to claims forming part of the same case or controversy under Article III. The constitutional case-or-controversy requirement therefore supplies the outer limit for federal courts exercising supplemental authority.
When may a court exclude evidence on constitutional grounds under Rule 402?+
Rule 402 makes relevant evidence admissible unless the Constitution, a federal statute, or another rule provides otherwise. A constitutional violation such as an unreasonable search can therefore render otherwise relevant evidence inadmissible.
Supporting sources
Does a generic oath to support the Constitution raise First Amendment concerns?+
A simple oath requiring public employees or bar applicants to support the Constitution is constitutional. It imposes no vague or overbroad restriction on protected speech.
Supporting sources
What source of law governs privilege claims in federal-question cases?+
Rule 501 directs courts to federal common law unless the Constitution, a federal statute, or Supreme Court rule provides otherwise. State privilege law applies only when state law supplies the rule of decision.
Supporting sources
, which recognizes and preserves the autonomy and independence of the
States
— independence in their legislative and independence in their judicial departments. Supervision over either the…
constitution
al prohibition was designed to guard, and is not a full…
constitution
, a construction…
Constitutional LawThe relation of nation and states in a federal system · Federalism-based limits on state authorityUBEIntermediate