legal education and practice

A constitution is the most fundamental law of a sovereign body. The term is capitalized only when referring to a specific constitution (e.g., U.S. Constitution, Texas Constitution, etc.).

An amendment is a formal revision or addition to the United States Constitution. Under Article V of the U.S. Constitution, there are several methods to propose an amendment. Once an amendment is proposed, it requires the approval of three-fourths of the states to be ratified. 

Constitutional avoidance is the doctrine that, if possible, the United States Supreme Court should avoid ruling on constitutional issues and resolve the cases before the Court on other (usually statutory) grounds.

The U.S. Constitution (including its amendments) contains hundreds of clauses. These are specific components within the document outlining a particular topic. Some clauses are more significant than others; and their scope, meaning, and effect may be the subject of widespread debate. For convenience, these clauses are often given distinct names based on their function. The following are some notable clauses:

• constitutional law

Constitutional rights are the protections and liberties guaranteed to people by the U.S.

Constructive means something is legally declared, even if not technically true in a given case. Lawmakers and judges can decide to make things constructively true so that the intent of the laws cannot be easily thwarted by a loophole or lack of personal responsibility.

A constructive contract, also known as a quasi-contract, is an obligation created by the law of equity and justice in the absence of any agreement between the parties to prevent unjust enrichment. Notably, a court cannot find a quasi-contract if there already exists a contract, either express

Constructive custody of the body is the legal authority over a deceased person’s remains even without physical possession, or actual custody of the body. Constructive custody typically belongs to the family, or next of kin, of the deceased.

Constructive discharge occurs when an employee quits their job in response to working conditions that are so poor that no reasonable person would stay. Like other “constructive” variants, constructive discharge functions in the eyes of the law as if the employee was terminated. 

Constructive evictions occur when a landlord does not physically or legally evict a tenant but takes actions that interfere with the tenant's use and enjoyment of the premises significantly enough to constitute “eviction in fact.” The doctrine of constructive eviction is based on a breach of the