Decisions by judges, who interpret and apply the Constitution to specific cases, create constitutional law. For example, judicial interpretation of the meaning of general phrases in the Constitution, such as “due process of law” or “unreasonable searches and seizures” or “interstate commerce,” establishes constitutional law. In the United States, the Supreme Court plays a central role in developing constitutional law. In 1982, for instance, the Court decided in United States v. Ross that the 4th Amendment ban against “unreasonable searches and seizures” did not prevent police, under certain circumstances, from searching the contents of a car without a search warrant.

Constitutional law in the United States is the product of judicial interpretation of the U.S. Constitution in response to the constitutional issues in cases that come before the courts. Thus, the courts develop a body of case law. The decisions of the courts in these legal cases establish precedents, decisions that serve as models for future decisions. Thus, over time these precedents accumulate to become a body of constitutional law.

The development of American constitutional law is based on the power of the Supreme Court to consider whether particular federal and state laws and executive actions are consistent with the Constitution. If so, the laws or actions at issue are confirmed. If not, they are declared unconstitutional. Thus, the power of judicial review and the principle of constitutionalism are fundamental factors in the development of constitutional law by the judicial branch of government. .

See also Constitutionalism; Judicial review; Precedents, judicial

Sources

• Jethro K. Lieberman, The Evolving Constitution: How the Supreme Court Has Ruled on Issues from Abortion to Zoning (New York: Random House, 1993)

The Oxford Guide to the United States Government. Copyright © 1993, 1994, 1998, 2001, 2002 by John J. Patrick, Richard M. Pious, Donald M. Ritchie. All rights reserved.